Indian Kanoon - Search engine for Indian Law

70. We have already referred to the reliefs claimed in the said PIL. Most of the submissions in this PIL have been canvassed in the PIL No.173 of 2013.

SUBMISSIONS IN WRIT PETITION NO.7725 OF 2013

71. Shri R.M. Dhorde, the learned senior counsel has made detailed submissions in support of Writ Petition No.7725 of 2013, Public Interest Litigation Nos.170 of 2013, 183 of 2015, 184 of 2015, 228 of 2014, 253 of 2014, 258 of 2014 and 152 of 2013. In PIL No.170 of 2013, the submission is that as there is a shortage of water in Marathwada Region, even in Ahmednagar and Nashik Districts, there is an acute water shortage. The contention is that though huge amounts are being spent by the State Government on the irrigation projects, a report of the Government Committee prepared in 2001 proposing to divert the water on the western side of Sahyadri Range which goes sng 72 jayakwadi-pil-173-maintext.

73. While dealing with the submissions made in PIL No.173 of 2013 and in support of Writ Petition No.7725 of 2013 and PIL No.152 of 2013, the learned senior counsel Shri Dhorde urged that the Sub-

sng 74 jayakwadi-pil-173-maintext.

section 6(c) of Section 12 of the said Act of 2005 and Clauses (a) to (c) of Section 11 thereof are arbitrary and violative of Articles 14 and 21A of the Constitution of India. His submission is that there cannot be an equitable distribution of water because it flows by gravitational force from one reservoir to another reservoir. He relied upon the storage capacity of Darna Dam Complex, Gangapur Dam Complex and Pravara River Complex. He submitted that if we compare the total capacity of Jayakwadi dam with all upstream dams, it is impossible to have equitable distribution of water even percentage wise in each dam inasmuch as the total capacity of Jayakwadi dam is 102 TMC and the total capacity of the upstream dams if taken together is 85.153 TMC.