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HC gives status quo on Defence Ministry's move to close road

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Press Trust of India Mumbai
The Bombay High Court today granted status quo on the Defence Ministry's decision to close for security reasons a motorable road near Pimpri in Pune which falls in their area and has been available for public use since the past 40 years.

The road stretches from Katewasti/Kunjirwasti to Aundh Road and connects the old Mumbai-Pune highway in Pimpri- Chinchwad municipal area.

The status quo was granted by Justice A M Khanwilkar till March 28 on a petition filed by residents of the area who have been using the road since the last four decades.

The petitioners challenged the notice issued by the Defence Ministry on January 29 to the residential societies in the area saying that the road had been closed for security reasons. They also urged for cancelling the notice, saying it was arbitrary and illegal and violative of fundamental rights.
 

The petitioners submitted that they were residing in Pimple Saudagar and since the last 40 years, they were using the road from Katewasti/Kunjirwasti to Aundh Road through the defence land situated adjacent to the Pimple Saudagar village the area of which is approximately around 700 acres.

In 1997, the Defence Ministry closed the road from Katewasti/Kunjirwasti to Aundh Road, without following due process and intimation to the residents of Pimple Saudagar.

Instead, another road from Katewasti/Kunjirwasti to Rakshak Chowk, which connects the old Mumbai-Pune Highway was opened as an alternative and made accessible to residents of Pimple Saudagar, which has a population of over 50,000. This road is being used by 1.50 lakh people for travelling.

The road was used not only by the residents, but also by the support services agencies, namely, school buses, security agencies, housekeeping agencies, official cab and pick up agencies, post-office staff, courier agencies, etc.

The petitioners submitted that 95 per cent of the children going the school are using the said road as most of the high school and colleges are situated in Aundh-Pune area.

The arbitrary decision taken by the Defence Ministry is completely bad, illegal and violative of Article 19(1)(d) of the Constitution of India, the petitioners argued.

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First Published: Mar 04 2013 | 7:25 PM IST

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