Disposed

Shetkari Sangharsh Samitee and Anr. v. M/S.Maharashtra Energy Generation Limited and Ors.

Bombay HC16 Jan 2008PIL/126/2006

Case brief

AI extract

What is this about?

The Court disposed of three public interest litigations concerning power projects in Maharashtra. affirming a previous order, it directed that no steps be taken to establish the projects until statutory clearances are obtained, while allowing respondents to seek land acquisition in accordance with law.

What did the court decide?

All petitions dismissed; direction reaffirmed that no steps be taken to establish projects without statutory clearances, but land acquisition is permitted in accordance with law.

Shetkari Sangharsh Samitee and Anr. Vs… — Environment and Pollution | Bombay HC (2008)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶2

 PUBLIC INTEREST LITIGATION NO. 126 OF 2006

¶3

 Shetkari Sangharsh Samitee
 & Anr. ..Petitioners
 versus
 M/s. Maharashtra Energy
 Generation Ltd. & Ors. ..Respondents

¶4

 Mr. S. S. Pakale for the Petitioners.
 Mr. P. M. Patil, AGP for the Respondent Nos. 2,
 5 and 7.
 Mr. J. S. Bhat i/b. M/s. Mulla & Mulla &
 Craigie Blunt & Caroe for the Respondent No. 1.
 Mrs. S. V. Bharucha for the Respondent No. 6.
 Mr. Anil Singh for the Respondent No. 8.

¶5

WITH
PUBLIC INTEREST LITIGATION NO. 140 OF 2007

¶6

 Shetkari Sangharsh Samitee & Anr. ..Petitioners
 versus
 State of Maharashtra & Ors. ..Respondents

¶7

 Mr. Pankaj Kowli i/b. M/s. U. M. Jhaveri for
 the Petitioners.
 Mr. S. G. Anney, Senior Advocate with Mr. H. N.
 Vakil i/b. Mulla & Mulla & Craigie Blunt & Caroe
 for the Respondent No. 1.
 Mr. R. V. Govilkar for the Respondent No.2.
 Mr. S. R. Nargolkar, AGP for the Respondent Nos.
 1 and 4 - State

¶8

WITH
PUBLIC INTEREST LITIGATION NO. 154 OF 2007

¶9

 Shetkari Sangharsh Samitee & Anr. ..Petitioners
 versus
 M/s. Patni Energy Pvt. Ltd. & Ors. ..Respondents

¶10

 Mr. S. S. Pakale for the Petitioners.
 Ms. P. P. Tendulkar for the Respondent No.4.

¶11

 Mr. S. R. Nargolkar, AGP for the State.

¶12

CORAM : BILAL NAZKI And
S. A. BOBDE, JJ.

¶13

 DATE : 16TH JANUARY, 2008.

¶14

P.C.

¶15

 1. The above Petitions are being disposed of
 together which have been filed in public interest.
 Three different Companies are envisaging
 establishment of Power Projects in different areas
 of Maharashtra and there are grievances of the
 Petitioners against the establishment of these three
 Projects.

¶16

 2. On hearing the learned counsel for the

¶17

 parties and going through the orders passed by
 different Benches of this court on various
 occasions, we have found that till date these
 Projects have not been cleared by various
 Departments of which clearance is needed under
 various Statutes. Therefore, there is no
 apprehension of these Projects being established
 immediately. This Court by Order dated 23.8.2007
 has considered the controversy in detail and has
 directed in the matter that no steps shall be taken
 for establishment of the Projects by the concerned,

¶18

 till they get the relevant sanctions from various
 departments. In this view of the matter, we feel
 that no further orders are needed to be passed in
 these Petitions. Further, in one of the Petition
 being Petition No. 126 of 2006 it has been pointed
 out by the learned counsel appearing for the
 petitioners that clearance under Environmental
 Protection Act has been given by Ministry of
 Environment and Forest to establish the Project. He
 is at liberty to challenge the order before the
 Appropriate Forum, if so advised. We make it
 further clear that no steps shall be taken by the
 concerned Respondents to initiate the Projects
 unless they get clearances needed to set up the
 Projects. We further clarify that no steps shall be
 initiated to establish the Projects, however
 Respondents shall be at liberty to seek the land by
 acquisition or otherwise in accordance with law.
 All the Petitions are accordingly disposed of.

¶19

(BILAL NAZKI, J.)

¶20

(S. A. BOBDE, J.)

Shetkari Sangharsh Samitee and Anr. v. M/S.Maharashtra Energy Generation Limited and Ors.

Case brief

What is this about?

What did the court decide?

Shetkari Sangharsh Samitee and Anr. v. M/S.Maharashtra Energy Generation Limited and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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