Disposed

Shetkari Sangharsh Samitee and Anr. v. State of Maharashtra and Ors.

Bombay HC16 Jan 2008PIL/140/2007

Case brief

AI extract

What is this about?

The Bench disposed of three PILs regarding power projects in Maharashtra. Noting a prior order stayed project establishment pending clearances, the Court held no further orders were needed and reiterated that projects could not proceed without sanctions.

What did the court decide?

No further orders to be passed; petitions disposed of. Reiteration of direction that projects cannot be initiated without necessary sanctions.

Shetkari Sangharsh Samitee and Anr. Vs State… — Public Procurement and Tenders | 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. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shetkari Sangharsh Samitee and Anr. v. State of Maharashtra 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

Case details

Similar cases

Vijay Madhusadan Gole and Ors. Vs Union of India and Ors.

Vijay Madhusadan Gole and Ors. Vs Union of India and Ors.

Saloon. Beauty Pariour Association and Anr. Vs Municipal Corporation of Greater Mumbai and Anr.

nirmala samant-prabhavalkar and Anr. Vs state of maharashtra (through the principal secratary,revenue and foreste department,mum and 3 Ors.

Nitin Vishnu Dhone Vs State of Maharashtra and Ors.

Nitin Vishnu Dhone Vs State of Maharashtra and Ors.

The Girni Kamgar Karmchari Niwara and Kalayankar Sangh Vs the State of Maharastra and Anr.

Chetan Suresh Shinde Vs State of Maharashtra and Anr.

Prakash Anant Gujar Vs the State of Maharashtra and Anr.

M/S. Tagr Dredging and Marine Engineering Pvt.Ltd. and Anr. Vs the Senior Inspector of Police and Ors.

Kasamali Abdul Rehman Shaikh Vs Senior Police Inspector and Anr.

Kiran Devkumar Jadhav and Anr. Vs the City Survey Officer, Sangli and Ors.

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

Shetkari Sangharsh Samitee and Anr. Vs M/S. Patni Energy Private Ltd. and Ors.