The High Court declined to decide or take cognizance of PILs regarding drought conditions and uncompleted irrigation projects. The court held these to be non-justiciable policy matters involving fund allocation and directed disposal of the petitions without relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4-PIL78.2013+1.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 78 OF 2013
Shri. Narsinha Ganpatrao Nikam } Petitioner versus State of Maharashtra and Ors. } Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 190 OF 2013
Dr.Budhajirao Raghunathrao Mulik } Petitioner versus The Government of Maharashtra } and Ors. } Respondents
Mr.S.S.Shah for the petitioner in PIL/78/2013.
Mr.Tejas D. Deshmukh for the petitioner in PIL/190/2013.
Mr.B.V.Samant-AGP for State.
Ms.Nieyaati Masurkar I/b. Ms.Neeta Masurkar for respondent no.3 in PIL/78/2013.
Mr.B.M.Chatterji-Senior Advocate with Mr.Vishesh Srivastav and Ms.Kavita Singh I/b. Ms.J.N.Pandh for respondent no. 3 in PIL/190/2013.
CORAM :- S. C. DHARMADHIKARI & R. I. CHAGLA, JJ. DATED :- NOVEMBER 6, 2019
P.C. :-
these PILs cannot be decided, much less cognizance taken thereof permanently by this court. The issues are concerning the drought
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J.V.SALUNKE,PS
4-PIL78.2013+1.doc
like condition prevailing in different regions of the State. The complaint is that several projects for providing drinking water and irrigation through dams were proposed, but these projects though initiated, have not been completed and ultimately, every year there is a drought like condition and in some parts of the State, the situation is serious.
Page 2 of 2
J.V.SALUNKE,PS
1 issue framed by the court
Whether the High Court can take cognizance or decide the PILs concerning drought-like conditions and uncompleted water/irrigation projects.
Shri. Narsinha Ganpatrao Nikam
Dr. Budhajirao Raghunathrao Mulik
State of Maharashtra
The Government of Maharashtra
S. C. DHARMADHIKARI
R. I. CHAGLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
