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Ellora Paper Mills Limited, through its duly authorized Director, Bandhoo Ram Balchandraram Prasad & Others v/s Union of India, Ministry of Road Transport and Highways, through its Secretary & Others


Company & Directors' Information:- PRASAD CORPORATION PRIVATE LIMITED [Active] CIN = U32301TN1994PTC028160

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- R J PAPER MILLS PRIVATE LIMITED [Active] CIN = U21000MH2003PTC142584

Company & Directors' Information:- J P P MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010491

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- G V G PAPER MILLS PRIVATE LIMITED [Active] CIN = U02101TZ1985PTC006888

Company & Directors' Information:- PRASAD AND CO. PRIVATE LIMITED [Active] CIN = U67120DL1995PTC068088

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M. PRASAD AND CO LIMITED [Active] CIN = U67120WB1999PLC090325

Company & Directors' Information:- UNION TRANSPORT (INDIA) PRIVATE LIMITED [Not available for efiling] CIN = U60231TN1993PTC026208

Company & Directors' Information:- R P C PAPER MILLS PVT LTD [Active] CIN = U21012KL1993PTC006959

Company & Directors' Information:- A P PAPER MILLS LTD [Active] CIN = U21011CH1993PLC013966

Company & Directors' Information:- A S T PAPER MILLS LIMITED [Active] CIN = U22012PB1993PLC013222

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- A R C MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004845

Company & Directors' Information:- ELLORA PAPER MILLS LIMITED [Active] CIN = L36934MH1977PLC019972

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- D C MILLS PRIVATE LIMITED [Active] CIN = U25199KL1996PTC009988

Company & Directors' Information:- B K PAPER MILLS PVT. LTD. [Active] CIN = U21010MH1970PTC014821

Company & Directors' Information:- R A MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013248

Company & Directors' Information:- V. D. PAPER MILLS PRIVATE LIMITED [Active] CIN = U21098UP2010PTC042677

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- P. J. PAPER INDIA LIMITED [Active] CIN = U21098DL2006PLC151012

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- M T A MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1989PTC003048

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- J K K PAPER MILLS PRIVATE LIMITED [Active] CIN = U21010TZ2008PTC014615

Company & Directors' Information:- K N M MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1990PTC002702

Company & Directors' Information:- S N PAPER MILLS PVT LTD [Active] CIN = U21015PB1995PTC015835

Company & Directors' Information:- S. A. PAPER PRIVATE LIMITED [Active] CIN = U21097WB2009PTC135556

Company & Directors' Information:- HIGHWAYS TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090TN1991PTC021106

Company & Directors' Information:- V M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011763

Company & Directors' Information:- S M PAPER MILLS PVT LTD [Active] CIN = U21012WB1981PTC033674

Company & Directors' Information:- G R PAPER MILLS LIMITED [Active] CIN = L21015UP1981PLC005409

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- M S M PAPER MILLS LIMITED [Strike Off] CIN = U25209MH1996PLC096961

Company & Directors' Information:- S. S. MILLS PRIVATE LIMITED [Active] CIN = U24231GJ1988PTC010885

Company & Directors' Information:- U P PAPER CORPORATION PRIVATE LIMITED [Active] CIN = U45203WB1945PTC012185

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- ROAD TRANSPORT COMPANY OF INDIA PRIVATE LIMITED [Active] CIN = U63090MH1995PTC094077

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- S T PAPER MILLS PVT LTD [Active] CIN = U21011PB1994PTC014921

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- B J S PAPER MILLS PVT LTD [Strike Off] CIN = U21012PB1992PTC012331

Company & Directors' Information:- J B PAPER MILLS LIMITED [Dissolved] CIN = U21093DL1979PLC009868

Company & Directors' Information:- R B MILLS PVT LTD [Active] CIN = U15141AS1949PTC001939

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- S V M PAPER PRIVATE LIMITED [Active] CIN = U21012DL2004PTC124024

Company & Directors' Information:- B N PAPER COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC053155

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- K M PAPER PRIVATE LIMITED [Active] CIN = U21012HP1996PTC017834

Company & Directors' Information:- H A PAPER MILLS PVT LTD [Active] CIN = U21023WB1972PTC028203

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- M M PAPER PRIVATE LIMITED [Active] CIN = U21098WB2009PTC135633

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- S A PAPER MILLS INDIA PRIVATE LIMITED [Strike Off] CIN = U21094TG2014PTC095780

Company & Directors' Information:- T K PAPER MILLS PVT LTD [Strike Off] CIN = U21012PB1980PTC004150

Company & Directors' Information:- B RAM PAPER MILLS INDIA PVT LTD [Strike Off] CIN = U21012DL1980PTC010858

Company & Directors' Information:- T S PAPER MILLS PRIVATE LIMITED [Active] CIN = U21012PB2003PTC026292

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- B T MILLS PRIVATE LIMITED [Active] CIN = U18101MH1997PTC109479

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- C P PAPER PRIVATE LIMITED [Amalgamated] CIN = U74899DL1994PTC062173

Company & Directors' Information:- J K MILLS LTD [Strike Off] CIN = U17200WB1946PLC013603

Company & Directors' Information:- ELLORA PAPER MILLS LTD [Strike Off] CIN = U21011WB1974PLC029786

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC138487

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- J J PAPER MILLS PVT LTD [Under Liquidation] CIN = U21013WB1976PTC030835

Company & Directors' Information:- J S PAPER PRIVATE LIMITED [Strike Off] CIN = U21012RJ1990PTC005366

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- H S PAPER MILLS PRIVATE LIMITED [Strike Off] CIN = U21012DL2005PTC135805

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- PAPER INDIA PVT LTD [Strike Off] CIN = U51109WB1957PTC023601

Company & Directors' Information:- H PRASAD & CO PVT LTD [Strike Off] CIN = U51109WB1944PTC011797

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

Company & Directors' Information:- PAPER CORPORATION OF INDIA LIMITED [Dissolved] CIN = U99999MH1945PTC004331

Company & Directors' Information:- UNION MILLS LIMITED [Dissolved] CIN = U99999MH1988PTC000078

Company & Directors' Information:- U P PAPER CORPN PVT LTD [Strike Off] CIN = U21093WB1945PTC012785

    Writ Petition No. 2034 of 2021

    Decided On, 12 July 2021

    At, In the High Court of Bombay at Nagpur

    By, THE HONOURABLE MR. JUSTICE SUNIL B. SHUKRE & THE HONOURABLE MR. JUSTICE ANIL S. KILOR

    For the Petitioners: P.B. Agrawal, Advocate. For the Respondents: R2 to R5, N. P. Lambat, Advocate, R6 & R7, N.R. Patil, A.G.P.



Judgment Text

Oral Judgment: (Sunil B. Shukre, J.)1. Hearing is conducted through Video Conferencing and all the learned Advocates agreed that the audio and video quality was proper.2. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.3. The grievance of the petitioners is that after the construction of road under the bridge, the petitioner No.1 factory which is the paper mill is unable to procure raw material required for manufacture of writing paper, printing paper, craft paper, packing paper so on and so forth, which is brought to the factory premises by bigger vehicles having containers mounted on them, which are unable to pass through the newly constructed road under bridge and thereby, the fundamental right of the petitioners to carry on with their business has been adversely affected.4. According to the learned counsel for the petitioners, the maximum height of the road under bridge from the road level is 3.75 mtrs. and whereas, the bigger container-vehicles bringing raw material to the petitioner No.1 factory have a maximum height of 4.63 mtrs. He submits that these vehicles cannot use an alternate road because that road passes through several villages and has sharp bends at some points and has even hairpin bends at the other because of which the containers are not able to negotiate the turns without possibly causing damage to the person and property of the villagers.5. Shri Lambat, learned counsel for respondent Nos.2 to 5, submits that there was already a meeting convened by the District Collector to discuss the problem faced by the petitioners and find out possible solution on 06.07.2021 and that now the next proceedings are scheduled to be held on 14.07.2021, in which it is likely that re-survey of the entire area would be carried out. He submits that the petitioners have not brought on record these relevant facts.6. Shri N. R. Patil, learned A.G.P. for respondent nos.6 and 7 submits that if the petitioners are interested in getting of having a solution, if they may look at the construction of road over bridge already proposed about 01 km. away from the existing site of road under bridge and consider as to whether or not they would like to share the cost of the same by making their contribution under Corporate Social Responsibility fund for the purpose.7. On going through the documents placed on record, in particular the no objection issued by the Collector on 15.07.2016, we are of the view that the present height of the road under bridge which is 3.75 mtrs., is in accordance with the no objection given by the District Collector after inviting objections from members of the public and this no objection is subject to certain conditions and, therefore, it would be for the District Collector, Bhandara to consider and take appropriate decision in the matter as regards the fulfillment of the conditions imposed in the no objection dated 15.07.2016. About the alternate road to be made available for passage of bigger container vehicles also, we are of the view that the appropriate authority to decide this issue would be the District Collector, Bhandara as, there is likelihood of involvement of several disputed facts.8. Besides, objections from members from public had also been invited by the District Collector before he issued a conditional no objection, way back in the year 2016 and it appears to us that although Gram-panchayat had taken objection, the petitioner No.1 company or anybody on its behalf never raised any objection before the District Collector and the objection that was taken by the petitioner No.1 company was before the Divisional Railway Manager (Engineer South- East Railway Nagpur). In fact, the objection was required to be taken before the District Collector, Bhandara. Then, the petitioners have also not questioned the stipulation of maximum height of 3.75 mtrs. for the road under bridge in the no objection given by the Collector on 15.07.2016, in any manner. Nevertheless, whatever grievance the petitioners may be having now, we are of the view that it is the District Collector, Bhandara who should be the appropriate authority to consider and resolve the same. Accordingly, we direct the petitioners to approach the District Collector, Bhandara

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for redressal of their grievance in the light of the conditions stipulated in no objection dated 15.07.2016 and if the petitioners appear before the Collector within one week from the date of the order, the Collector, Bhandara shall examine the issue from the view point of fulfillment of these conditions of no objection certificate dated 15.07.2016 or otherwise and take appropriate decision in the matter within a period of four weeks thereafter.Rule accordingly. No costs.
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