Thermal Power Station & 5 Others vs The State Of Maharashtra & 4 Others

Citation : 2018 Latest Caselaw 1027 Bom
Judgement Date : 25 January, 2018

Bombay High Court
Thermal Power Station & 5 Others vs The State Of Maharashtra & 4 Others on 25 January, 2018
Bench: B.P. Dharmadhikari
                                                                                                                                                     wp.1835.02
                                                                                    1


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 BENCH AT NAGPUR, NAGPUR.
                                                            ...

                                                      WRIT PETITION NO. 1835/2002
1)            Thermal Power Station
              Project Affected Persons and Association
              Kachrala Regd. No. 476/2001
              Through its President
              Mahadeo s/o Wasudeo Mohitkar

2)            Shri Mahadeo Wasudeo Mohitkar

3)            Shri Kemdeo Arjun Tajne

4)            Shri Y.K. Yergude

5)            Shri Balu Ganpat Derkar

6)            Shri Dinkar Kisan Somalkar

              All residents of Kachrala
              Tq. Bhadrawati, Dist.Chandrapur                                           ..                                          ..PETITIONERS


                             versus

1)            The State of Maharashtra
              Through its Secretary
              Revenue and Forest Department
              Mantralaya. Mumbai.

2)            The Collector,
              Chandrapur.

3)            the Chairman
              Maharashtra State Electricity Board,
              'Prakashgarh' Bandra (East) Mumbai.

4)            The Chief Engineer (Gen.O & M )
              Chandrapur Super Thermal Power Station
              MSEB Urjanagar, Chandrapur.

5)             Superintending Engineer (Civil)
               Maharashtra State Electricity Board
               Chandrapur.                                                                                                           ..RESPONDENTS
............................................................................................................................................................................
               None for petitioner and Respondents 4 and 5
               Miss N.P. Mehta, AGP for respondents 1 and 2
               Mr.M.V.Pimpalkhute, Adv.h/for Mr. A.D.Mohgaonkar, Adv.for Res.No.3
............................................................................................................................................................................




         ::: Uploaded on - 30/01/2018                                                                            ::: Downloaded on - 31/01/2018 01:18:16 :::
                                                                                      wp.1835.02
                                              2



                                                  CORAM: B.P. DHARMADHIKARI &
                                                         MRS. SWAPNA JOSHI, JJ.

DATED: 25th January, 2018 ORAL JUDGMENT: (PER B.P.DHARMADHIKARI, J.)

1. On 15th December 2017, we have recorded absence of counsel for petitioners. After briefly looking into facts, prima facie, we felt that controversy may not survive. Accordingly, we asked certain clarifications from respondents. Respondent no.2- Collector, Chandrapur has filed an affidavit on 18.01.2018 stating that villagers who initially opposed rehabilitation site, have now agreed to to it and shifted there.

2. Respondent nos. 3 to 5 namely, Maharashtra State Electricity Board (then), have filed submissions on 22.01.2018. Its copy is also served upon counsel, whose name appears as counsel representing the petitioners therein. They have pointed out that out of 312 displaced persons, employment has been provided to several persons. About 220 project affected persons are engaged and 55 persons are under training as 'Pragat Kushal Prashikshnarthi'; 4 persons being trained under 'Sarva Samaveshak Yojana', 32 persons are on waiting list and as per full Bench judgment of this Court, in the case of Rajendra Pandurang Pagare vs. State of Maharashtra and others, reported at 2009 (4) Mh.L.J. 961, the said persons will be given employment. One out of 312 has given up the claim for employment and has accepted compensation.

3. In view of this affidavit, we find that practically the controversy has been ::: Uploaded on - 30/01/2018 ::: Downloaded on - 31/01/2018 01:18:16 ::: wp.1835.02 3 rendered infructuous and the grievance appears to be largely redressed.

4. Accordingly, we dispose of this Writ Petition. Rule discharged. No costs.

                         JUDGE                                JUDGE

sahare




     ::: Uploaded on - 30/01/2018                           ::: Downloaded on - 31/01/2018 01:18:16 :::