HARISCHANDRA PANI PURWATHA SANSTHANCHE SAHAKARI FEDERATION LIMITED v. STATE OF MAHARASHTRA
2014-12-12
ARUN MISHRA, JAGDISH SINGH KHEHAR
body2014
DigiLaw.ai
ORDER The application for permission to file the special leave petition is allowed. 2. The application for intervention is allowed as prayed for. 3. The High Court has posted the matter for consideration on 16.12.2014. The State Government was required to file its counter affidavit today i.e. 12.12.2014. We are informed that the State Government has filed its counter affidavit before the High Court. Even though, the petitioners before us were to file their rejoinder affidavit by 15.12.2014, they undertake to file the same by tomorrow i.e., on 13.12.2014. Pleadings will, therefore, be complete by 13.12.2014. We would request the High Court, keeping in view the peculiar facts and circumstances of this case, to pre-pone the hearing of the matter from 16.12.2014 to 15.12.2014. We would also request the High Court, to take up the matter pending before it on priority basis, as it involves an extremely sensitive issue, which has resulted in loss of life in the drought prone area of the State of Maharashtra. 3. We may confess, despite all the endeavour made by us to understand the intricacies involved, we could not make up our mind, to pass an effective interim direction. This may have been, because of deficiency in pleadings, including no response on behalf of the respondents. 4. The High Court, which is seized of the matter, is in a much better position to deal with the matter. We hope the High Court after hearing the matter on 15.12.2014 will pass an appropriate order, in accordance with law. 5. The special leave petitions are disposed of in the above terms. 6. Even though the matter stands disposed of as has been noticed hereinabove, it would be pertinent to mention, that the Maharashtra Water Resources Regulatory Authority, by its order dated 19.09.2014, directed that if any of the reservoirs on the upstream, is short of water to meet its own minimum needs, no further release of water from that reservoir, would be made. Additionally, during the course of hearing, learned counsel representing the State of Maharashtra, also affirmed, that if any reservoir on the upstream is short of water to meet its own minimum needs, no release of water from that reservoir would be made.
Additionally, during the course of hearing, learned counsel representing the State of Maharashtra, also affirmed, that if any reservoir on the upstream is short of water to meet its own minimum needs, no release of water from that reservoir would be made. The State of Maharashtra shall be bound to ensure compliance of the aforesaid direction (contained in the order dated 19.09.2014 passed by the Maharashtra Water Resources Regulatory Authority), as also, the undertaking depicted in the counter affidavit filed before the High Court today i.e., 12.12.2014 (a copy whereof was furnished to us during the course of hearing). The Secretary, Department of Irrigation, State of Maharashtra, as also, the concerned Chief Engineer (Irrigation), shall ensure the compliance of the undertaking recorded hereinabove, they shall be personally liable in case of any violation thereof.