Bombay High Court
Dhiren Pravinchandra Dalal And Anr vs The State Of Maharashtra And Ors on 10 April, 2019
Author: B. P. Colabawalla
Bench: S. C. Dharmadhikari, B. P. Colabawalla
912.wp.4795.10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4795 OF 2010
Dhiren P. Dalal and Another ..Petitioners
Vs.
The State of Maharashtra and Others ..Respondents
WITH
WRIT PETITION NO. 4502 OF 2010
Shri Kishankumar J. Kedia ..Petitioner
Vs.
The State of Maharashtra and Others ..Respondents
Mr. Nitin Mulye, for the Petitioners.
Mrs. Kirti Kulkarni, AGP, for the Respondent State.
CORAM:-S. C. DHARMADHIKARI &
B. P. COLABAWALLA, JJ.
DATE :- APRIL 10, 2019.
P. C.:
In the two matters before us, the two Petitioners have challenged the orders passed in their respective cases, copies of which are at Exhibit-U, pages 135 to 139 in Writ Petition No. 4795 of 2010, where-under the Petitioners are informed that they should carry out the works directed therein so as to prevent flooding. Thus, the Collector was worried that because of this non-agricultural activity, the flow of water in Indrayani river Aswale 1/3 ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:25:47 :::
912.wp.4795.10.doc would be affected and the river will not flow and follow a particular path and direction. It is in these circumstances that the preventive measures, so that no flooding is caused, were directed to be put in place.
2 It is stated that such an order was also passed in Writ Petition No. 4502 of 2010 in the case of Kishankumar Kedia. Such an order was challenged by Mr. Kishankumar Kedia and he could not succeed to the extent prayed by him, in the sense, a Division Bench's order of this Court came in his way. He, therefore, challenged the Division Bench's judgment and order in a Special Leave Petition which was entertained and numbered as Civil Appeal Nos. 2141-2142 of 2013 with Civil Application No. 2140 of 2013 and were decided by the Hon'ble Supreme Court on 21st July, 2016. The Division Bench's order of this Court was set aside and the matter was sent back to the State Government. 3 Mr Mulye submits that an order similar to the directions issued by the Hon'ble Supreme Court will have to be passed in the case of these Petitioners.
4 We agree with Mr. Mulye that the Petitions would have Aswale 2/3 ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:25:47 :::
912.wp.4795.10.doc to be disposed off in the light of the order passed by the Hon'ble Supreme Court. However, during the pendency of the proceedings before the Hon'ble Supreme Court, some anti flooding measures were directed to be taken and had indeed been taken, according to the Respondents. Further, we do not know the outcome of the proceedings before the State Government and which were to be held and concluded in terms of the order of the Hon'ble Supreme Court of India.
5 We, therefore, direct the learned AGP to produce the necessary records in this Court on the adjourned date. The records shall be produced by the Executive Engineer, Irrigation Department, Pune Irrigation Circle, Pune. He shall remain present in this Court with all original records on that date. The Writ Petitions are placed for "passing orders" on 23 rd April, 2019 at 3.00 p.m. ( B. P. COLABAWALLA, J. ) ( S. C. DHARMADHIKARI, J. ) Aswale 3/3 ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:25:47 :::