Bhaskar Rakhmaji Aware And Ors vs The State Of Maharashtra Through ...
2023 Latest Caselaw 11454 Bom

2023:BHC-AS:34029-DB
                                                                                 5-PIL-169-2023


      Pdp
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                       PUBLIC INTEREST LITIGATION NO. 169 OF 2023
                                          WITH
                       INTERIM APPLICATION (ST) NO. 30741 OF 2023

                 Bhaskar Rakhmaji Aware & Ors.                    .. Petitioners

                                  Versus

                 The State of Maharashtra & Ors.                  .. Respondents

                 Mr. Nitin Gaware for petitioners.
                 Mr. P. P. Kakade, Government Pleader a/w Mrs. R. A.
                 Salunkhe, AGP for respondent no.1 & 3/State.
                 Mr. Joel Carlo for respondent no.2/MWRRA.
                 Mr. Abhinandan Vaygani with Ms. Chaitrali Deshmukh for
                 respondent     no.4    -   Godavari  Marathwada     Irrigation
                 Development Corporation (newly impleaded party).

                         CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
                                ARIF S. DOCTOR, J.

                         DATE:            7th NOVEMBER, 2023


                 P.C.:

INTERIM APPLICATION ST. NO.30741/2023:

1. Having regard to the averments made in the application, the same is allowed. Necessary amendment shall be incorporated in the array of the respondents in PIL Petition within a week.

2. Interim Application is disposed of accordingly.

PIL No. 169 of 2023:

3. Mr. Kakade, the learned Government Pleader appears for respondent nos.1 and 3 and waives service of notice. Mr.

5-PIL-169-2023

Carlo, learned counsel appears for respondent no.2 and waives service of notice. Mr. Vagyani, learned counsel appears for newly impleaded respondent no.4 and waives service of notice.

4. The issue raised in this PIL petition is in relation to equitable distribution of water between different regions of Godavari River Basin and, therefore, requires immediate attention.

5. The respondents shall file their affidavits-in-reply by 28th November, 2023. While filing the affidavits-in-reply, the respondents shall also state as to what steps have been taken at the end of the respective respondents for ensuring compliance of the judgment and order dated 23 rd September, 2016 passed by a coordinate Bench of this Court in PIL No. 173 of 2013

6. The learned counsel for the petitioner may file rejoinder affidavit, if any, by the next date of listing.

7. Stand over to 5th December, 2023. To be listed High on Board.

8. Interim Applications, if any, shall also be considered on the next date.

                        (ARIF S. DOCTOR, J.)                              (CHIEF JUSTICE)


          Digitally
          signed by
          PRAVIN
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2023.11.07
          18:40:47
          +0530