Bombay High Court
Late Rajabhau Tugar Sahakari Upsa ... vs The State Of Maharashtra Through The ... on 3 September, 2024
Author: Amit Borkar
Bench: Amit Borkar
1-PIL.169.2023++
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Public INTEREST LITIGATION NO. 169 OF 2023
WITH
INTERIM APPLICATION NO. 6572 OF 2024
Bhaskar Rakhmaji Aware & Ors. } Petitioners
versus
The State of Maharashtra, }
through its Principal Secretary, }
Water Resources Department }
& Ors. } Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 183 OF 2023
WITH
INTERIM APPLICATION NO. 17570 OF 2023
WITH
INTERIM APPLICATION NO. 17560 OF 2023
WITH
INTERIM APPLICATION NO. 17569 OF 2023
Late Rajabhau Tugar Sahakari }
Upsa Sinchan Sanstha Maryadit, }
Nashik } Petitioner
versus
The State of Maharashtra, }
through the Principal Secretary, }
Water Resources Department }
& Ors. } Respondents
WITH
INTERIM APPLICATION NO. 17571 OF 2023
IN
PUBLIC INTEREST LITIGATION NO. 183 OF 2023
Marathwada Janata Vikas }
Parishad } Applicant
In the matter between
Late Rajabhau Tugar Sahakari }
Upsa Sinchan Sanstha Maryadit, }
Nashik } Petitioner
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versus
The State of Maharashtra, }
through the Principal Secretary, }
Water Resources Department }
& Ors. } Respondents
WITH
PUBLIC INTEREST LITIGATION (ST) NO. 30970 OF 2023
Ramesh Shankar Dhongade } Petitioner
versus
The State of Maharashtra, }
through the Principal Secretary, }
Water Resources Department }
& Ors. } Respondents
Mr. Nitin Gaware - Patil i/b. Mr. Sahil Choudhari for the
petitioner in PIL/169/2023.
Mr. Manish Kelkar for the petitioner in PIL/183/2023.
Mr. Priyansh Jain i/b. Vivek Punjabi for the petitioner in
PIL(St)/30970/2023.
Mr. Yashodeep P. Deshmukh (through VC) a/w. Ms. Vaidehi
Pradeep for the proposed intervenor - MJUP in
IA/17571/2023 in PIL/183/2023.
Mr. R. L. Kute a/w. Mr. Anoop Patil for the intervenor in
IA/6572/2023 in PIL/169/2023.
Mr. P. P. Kakade, Government Pleader with Mr. O. A.
Chandurkar, Additional Government Pleader and Mrs. R. A.
Salunkhe, AGP for the State in all matters except
PIL(ST)/30970/2023.
Mr. P. P. Kakade, Government Pleader with Mr. O. A.
Chandurkar, Additional Government Pleader with Mrs. R. A.
Salunkhe, AGP and Mrs. G. R. Raghuwanshi, AGP for the
State in PIL(ST)/30970/2023.
Mr. Abhinandan Vagyani i/b. Ms. Chaitrali Deshmukh for
respondent Nos.3 and 4 in PIL/183/2023 and for
respondent No.4 in PIL/169/2023.
Mr. M. L. Patil for respondent NO.6 in PIL/183/2023.
Mr. Mahendra K. Wankhede, Superintending Engineer &
Deputy Secretary, Catchment Area, Water Resources
Department present.
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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
AMIT BORKAR, J.
DATE: 3rd SEPTEMBER 2024
P.C.:
IA/17571/2023: -
1. This interim application has been moved by Marathwada
Janata Vikas Parishad seeking its intervention in Public Interest
Litigation No. 183 of 2023.
2. In PIL/183/2023, apart from the prayer for quashing the
order dated 30th October 2023 issued by Godavari Marathwada
Irrigation Development Corporation (hereinafter referred to as
"GMIDC"), the petitioner has also prayed for certain directions
for implementing the judgement and order dated 23rd
September 2016 passed in Public Interest Litigation No. 173 of
2013, which was filed by the applicant.
3. Since we find that the applicant has sufficient interest in
the PIL petition, we permit the applicant to be impleaded as
respondent no. 7 in PIL/183/2023.
4. Learned counsel for the petitioner shall incorporate the
necessary amendment within a week. Reverification is dispensed
with.
5. The interim application is disposed of.
PIL/169/2023 & PIL/183/2023: -
6. Learned counsel for the petitioner in PIL/169/2023 has
brought to our notice the judgment rendered by this Court on
23rd September 2016 in a bunch of petitions, leading petition
being PIL/173/2013. By rendering the said judgement, the
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Court had issued various directions and one of the directions
given is that the State Government shall take a policy decision
on the issue of carrying out the exercise of the review of storage
capacity of all the reservoirs and undertaking hydrology of
Godavari sub-basin. The judgement further states that decision
shall be taken by the State Government which shall be placed
on record within a period of six months.
7. Our attention has also been drawn to the Government
Resolution dated 26th July 2023, according to which, in order to
properly distribute the water stored in the dam on the upstream
of Jayakwadi dam and also in order to submit guidelines
considering the relevant factors as per the report of the previous
committee dated 8th August 2013, a new study group has been
formed, which is headed by the Director General, Landscaping,
Training, Hydrology, Research and Dam Safety, Nashik as
Chairman and six other members. The Government Resolution
also sets out the scope of work entrusted to the study group
which includes formulation of guidelines regarding
implementation of integrated approach of all reservoirs in the
basin/sub-basin upstream of Jayakwadi dam in Godavari basin
to avoid shortage situation in Jayakwadi project during
monsoons and to develop methodology for effectively
implementing such a system and to suggest improvements
regarding technical, financial and managerial aspects regarding
the said subject. The committee was expected to submit its
report by 31st August 2023.
8. Our attention has also been drawn to an affidavit in reply
filed by the Superintending Engineer and Administrator, CADA
on behalf of respondent no. 3, wherein it has been stated that
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on issuance of Government Resolution dated 26 th July 2023, as
partially modified by a subsequent Government Resolution dated
1st August 2023, study is being carried out by the study group
and that accordingly, review of storages has to be taken up by
15th October every year and the Executive Director, GMIDC has
to decide the appropriate strategy for equitable distribution of
water. The affidavit in reply further states that on request of the
study group, the Government had extended the time limit for
submitting report, initially on 30th November 2023 and
thereafter again a request was made for further extension of
time till March 2024.
9. Learned Additional Government Pleader, on instructions,
states that the Government has extended time for completion of
study by the study group till 30th June 2024, however, since
then, the time has not been extended.
10. It is on the basis of the study to be conducted by the study
group that the statutory authority, namely, Maharashtra Water
Resources Regulatory Authority (hereinafter referred to as
"MWRRA") has to make recommendations to the State
Government for equitable distribution of water after inviting
objections and suggestions from general public.
11. It has also been informed that the hydrological year starts
from 15th October every year and accordingly, final decision by
the State Government is required to be taken by 15 th October
every year.
12. Keeping in view all the aforesaid aspects, we direct that
the study group shall complete its study as expeditiously as
possible and for the said purpose, if extension, as required on
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request by the study group, shall be granted by the State
Government. Once the study group completes its study and
submits report to the MWRRA, it shall, accordingly, publish a
public notice inviting objections and suggestions to the report to
be submitted by the study group, which will, accordingly,
forward its recommendations, which shall be based on the
report of the study group as also on the basis of objections and
suggestions which may be made to such a report by the general
public, to the State Government at the earliest.
13. The learned Additional Government Pleader, on instructions
received from Mr. Mahendra K. Wankhede, Superintending
Engineer and Deputy Secretary, Catchment Area, Water
Resourced Department, has stated that the study group needs a
month's time from today to complete the study and submit its
report to the MWRRA. Accordingly, our direction as above for
earliest completion of the study should be construed to mean
that the study group shall conduct and complete the study
within a month from today and for that purpose, the State
Government shall immediately grant the requisite extension.
Once the study group completes its study, it shall prepare the
report and submit the same to the MWRRA within a fortnight
from completion of the report. The MWRRA shall invite
objections and suggestions from the general public giving a
fortnight's time for submitting objections and suggestions.
Thereafter, the MWRRA shall consider the entire matter as
observed above and submit its recommendations to the State
Government within a month thereafter, which shall be
considered by the State Government and final decision thereon
shall be taken by the State Government within four weeks from
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the date communications are received from MWRRA.
14. Stand over to 21st October 2024.
15. The learned Additional Government Pleader shall file an
affidavit of the competent authority by the next date of listing
bringing on record the steps which may be taken in the
meantime for ensuring compliance of this order.
(AMIT BORKAR, J.) (CHIEF JUSTICE)
