Bombay High Court
Shrihari Anant Shidore And Others vs The Commissioner / Administrator And ... on 2 April, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 PUBLIC INTEREST LITIGATION NO. 34 OF 2022
SHRIHARI ANANT SHIDORE AND OTHERS
VERSUS
THE COMMISSIONER /ADMINISTRATOR AND OTHERS
...
WITH
PUBLIC INTEREST LITIGATION NO. 20 OF 2021
SURAJ PRADIP KUMAR AJMERA
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
CIVIL APPLICATION NO. 3382 OF 2024
IN PIL/34/2022
PARASMAL PUKHRAJ BAFNA
VERSUS
THE COMMISSIONER ADMINISTRATOR AND OTHERS
...
WITH
CIVIL APPLICATION NO. 8332 OF 2022
IN PIL/34/2022
SHRIHARI ANANT SHIDORE AND OTHERS
VERSUS
THE COMMISSIONER/ADMINISTRATOR AND OTHERS
...
Shri Amit A. Mukhedkar, Advocate for the Petitioners.
Advocate Shri Sachin S. Deshmukh, Amicus Curiae.
Shri S.S. Tope, Advocate for Respondent Nos.1 to 4/Municipal
Corporation.
Shri A.B. Girase, Government Pleader for Respondent Nos.5, 8
to 10/State.
Shri S.B. Deshpande, Senior Advocate i/by Shri D.S. Manorkar
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and C.B. Chaudhari, Advocates for Respondent No.11/NHAI.
Shri R.S. Deshmukh, Senior Advocate i/by Shri Vinod Patil,
Advocate for Respondent No.6/MJP.
Shri A.G. Talhar, DSGI for Respondent Nos.12 and 14/UoI.
Shri R.N. Dhorde, Senior Advocate i/by Shri Sanket N.
Suryawanshi, Advocate for Respondent No.15/ Contractor.
Shri A.S. Bajaj, Advocate for Respondent No.13.
...
CORAM : RAVINDRA V. GHUGE
&
R.M. JOSHI, JJ.
DATE :- 02nd April, 2024 Per Court :-
1. The learned Government Pleader has placed on record, the 11 pages report of the meeting dated 21.03.2024, held by the High Court constituted committee under the Chairmanship of the Divisional Commissioner. A compilation of 75 pages inclusive of the said report dated 26.03.2024, is collectively marked as "X-38" for identification.
2. We have perused the report. To avoid repetition, we may only add that the project is lagging behind for variety of reasons. The directions given by the Committee in response to the remarks of the MJP and the Project Contractor, speak for themselves. We expect that the Project Contractor would seriously comply with the directions given by the committee.
*3* 902pil34o22 water ELEVATED STORAGE RESERVOIRS
3. It is undisputed that two Elevated Storage Reservoirs (ESR) have already been commissioned by the Municipal Corporation, after having been handed over by the Project Contractor. On the basis of the progress report and on instructions from the Project Contractor, the learned Senior Advocate Shri Dhorde submits that the ESRs erected at Shakya Nagar, Shivaji Ground, N-3, Pratapnagar and Nakshatrawadi, would be handed over to the Municipal Corporation after completing all the procedures, by 30.04.2024. The Himayatbag ESR would be handed over to the Municipal Corporation after fulfillment of the procedures, on 15.05.2024.
4. Shri Tope, the learned Advocate representing the Municipal Corporation, submits that along with the new project under the "Maharashtra Suvarnajayanti Nagarotthan Mahaabhiyan", which is now named as "Amrut 2.0 Mission", a new parallel pipeline of 900 mm is being laid by the MJP. He further submits that the liability of maintaining the said pipeline is with the MJP over a period of five years and thereafter, it *4* 902pil34o22 water would be handed over to the Municipal Corporation.
Nevertheless, the said pipeline is now ready to be used for distribution of water. According to Shri Tope, the ESR as well as the Ground Storage Reservoir (GSR), are crucial.
5. The learned Senior Advocate Shri Deshmukh representing the MJP, tenders a ready reference chart with remarks, to indicate the daily pumping report from Jayakwadi in relation to the 900 mm new pipeline. The same is marked as "Y- 40" for identification. On perusal of Y-40, we find that the total pumping hours have increased gradually from 29.02.2024 (6 Hours) to 16.15 hours on 31.03.2024. The period between 29.02.2024 to 27.03.2024, was the period of testing and thereafter, the pipeline is being used. The total quantity has now reached 17 million litres as on 31.03.2024.
SUPPLY OF SAND
6. The learned Senior Advocate Shir Dhorde submits that in the order dated 15.03.2024, the requirement of sand was recorded in paragraph No.10 onwards. He had stated that the quantity of sand available was in good stock to last about 50 to *5* 902pil34o22 water 60 days. He had expressed his desire that the State Government should take quick steps with the assistance of the MJP, to ensure that necessary environmental clearances are received. He had also stated that further quantity of sand would be required after expiry of 50 days from 15.03.2024.
7. The District Mining Officer is present in the Court, who is instructing the learned Government Pleader. We are informed that the earlier sand ghats at Hiradpuri, Taluka Paithan for 25,000 brass was sought to be changed by the Project Contractor. Now, 12,367 brass of sand is available at Wanjargaon and 12,326 is available at Nagamthan. The learned Government Pleader submits that though the sand was excavated from these sand ghats, the Project Contractor was in deficit of excavation of 12,500 brass. The timeline is now over on 09.06.2023. The environmental clearance expired on 30.09.2023.
8. The learned Government Pleader submits that the Government Depot has 2,000 brass of sand available, which can be lifted by the Project Contractor anytime he desires, on payment of royalty, if such royalty is not deposited with the *6* 902pil34o22 water District Collector.
9. Shri Dhorde, the learned Senior Advocate submits, on instructions, that the Project Contractor would lift this quantity by following the due procedure laid down in law. He is instructed to state that the Government machinery would load the available sand in the Government depot onto the carriers of the Project Contractor.
10. Shri Dhorde has expressed a serious apprehension that if the Central and the State Environmental Committees have either completed their tenures or have been dissolved, his experience is that the Central Government would be taking a lot of time for issuance of notification for constitution of the committees. The two committees are then to be constituted by the State Government, which are known as the State Expert Appraisal Committee and the State Environmental Impact Assessment Authority. Shri Dhorde submits, on instructions, that the present stock of sand would last 30 days and if the sand from the Government depot is to be taken, it would last for another 10 days. Beyond 40 days, the construction activity, which requires *7* 902pil34o22 water the sand as a component, will have to be stopped. Use of crushed sand is prohibited. The Project Contractor is not inclined to lift the sand from adjacent districts for various reasons. In such situation, without the environmental clearance, no sand can be lifted from the sand ghats.
11. The learned DSGI submits that because of the Code of Conduct in relation to the ensuing General Elections, he will have to take instructions as regards the issuance of the notification permitting constitution of the committees by the Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India.
12. We have been consistently mentioning in our orders that the present project is not just a dream project for the State or the Authorities, but, it is a project which is a necessity and a lifeline for the residents of Chhatrapati Sambhajinagar and adjoining areas. After 1972, such a major project has been undertaken in the backdrop of the "Samantar" (parallel) pipeline having run into doldrums around 15 to 20 years ago. Any obstacle in this project is not only detrimental, but would stagger *8* 902pil34o22 water the project which already is begging for an extension of the period for completion.
13. We, therefore, direct the Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India, to issue a notification permitting the State Government to constitute the two committees, within 15 days. The election Code of Conduct would not be an impediment. We hope and trust that the MoEFCC would appreciate the grave urgency in this project and any delay would bring the project to a standstill. It cannot be ignored that after two months of extreme Summer, it would be the onset of rainy season which is likely to again create a few obstacles. Hence, out of this urgency we are directing the MoEFCC to issue the notification for constitution of the two committees, on or before 20.04.2024. Thereafter, we direct the State Government to immediately constitute the two committees i.e. the State Expert Appraisal Committee and the State Environmental Impact Assessment Authority, for granting environmental clearances to the concerned sand ghats in order to ensure that the project contractor is permitted to lift the stand without any interruption or pause.
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NHAI- PAITHAN HIGHWAY
14. The learned Senior Advocate Shri Deshpande has voiced a serious concern about the parallel projects, one being the Amrut 2.0 and other being the national highway No.752-E to connect Paithan. Digging work is in progress under both the projects and at times, there is a face off in the activities. We appreciate both the projects. Hence, we expect the concerned Authorities, who are leading these projects, to be pragmatic, broad minded and open for discussions, in order to avoid any conflict or confrontation and ensure that both projects progress hand in hand. If there are any minor obstacles, we expect that the maturity and experience of the officers leading the said two projects, would overcome these obstacles. At the same time, the High Court constituted committee may be taken into confidence to resolve any issue if at all these two Authorities need their assistance.
OBSTACLES AT DHORKIN AND BIDKIN
15. In our order dated 15.03.2024, we have given clear instructions and directions to the Rural Police to initiate strict *10* 902pil34o22 water action and adopt stringent measures to deal with those persons, who attempt to obstruct these projects. We have directed the Police Authorities to register offences against those who would unnecessarily obstruct the projects. We are informed that the Superintendent of Police (Rural), Chhatrapati Sambhajinagar, Shri Kalwaniya, has taken a strong initiative and in fact, has provided his own cell number in order to ensure that there is sufficient police support and protection to ensure that there is no obstruction for digging work and laying of new pipeline. We appreciate his initiative.
16. We reiterate our directions set out in paragraph Nos. 6 to 9 of our order dated 15.03.2024 and such directions would continue to operate until the Project Contractor has cleared the Dhorkin and Bidkin segment.
SUPPLEMENTARY ISSUES
17. We are informed by the learned Senior Advocate Shri Deshmukh representing the MJP, that the pending bills of the contractor as regards the works completed, would be cleared in a short time and the order for granting extension from *11* 902pil34o22 water 01.04.2024 till 31.12.2024, would be issued within two days by the office of the Member Secretary.
STAFF QUARTERS
18. Shri Dhorde points out that the contract provides for construction of two staff quarters and a store building. The permission of the Irrigation Department is required since these constructions are to be erected near the jack well. The personnel in charge of maintenance would be occupying these quarters and after the entire project is handed over to the Municipal Corporation, the quarters would also to be handed over for the use of the Municipal Corporation.
19. Considering the necessity and the statement of Shri Dhorde that the permission is sought over a period of one year, we direct the Irrigation Department to issue such permission within 15 days in view of the fact that the MJP has already forwarded the said proposal to the Irrigation Department long ago.
20. We are informed that the meeting of the High Court *12* 902pil34o22 water constituted committee is now scheduled on 05.03.2024.
21. We are, therefore, listing this matter on 16.04.2024 at 4:30 PM.
kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )