Disposed¶29

Gadre Marine Export Pvt. Ltd. Thro. Its Authorized Representative Sandesh D. Salvi v. the State of Maharashtra Water Resourece Department Thro. Its Chief Engineer

Bombay HC1 Aug 2025WP/5268/2025

Case brief

AI extract

What is this about?

Keywords: Gadre Marine Export Pvt. Ltd.; State of Maharashtra; Maharashtra Water Resource Department (GoMWRD); Pimpalwadi (Dubi) dam; Reservoir Operation Schedule (ROS); Full Reservoir Level (FRL); R.L.132 metre; State Hydel Policy clause A-4.1; GR PVT-1204/(160/2004)/HP dated 15/09/2005; small hydro power project; Ganesh Haridas affidavit dated 29.07.2025; gate repairs by March 2026; writ petition disposed with liberty to file afresh; Bombay High Court, Coram Revati Mohite Dere & Dr. Neela Gokhale, JJ., decided 01.08.2025.

What did the court decide?

Petition disposed of, with liberty to the Petitioner to file a fresh Petition in the event of non-compliance of paragraph Nos. 6 and 7 of the State's affidavit. ¶29

Gadre Marine Export Pvt. Ltd. Thro. Its Authorized Representative Sandesh D. Salvi Vs the State of Maharashtra Water Resourece Department Thro. Its Chief Engineer — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of, with liberty to the Petitioner to file a fresh Petition in the event of non-compliance of paragraph Nos. 6 and 7 of the State's affidavit.

¶29

Issue for consideration

Whether the Respondent No.1 - The State of Maharashtra Water Resource Department (GoMWRD) should be directed to maintain the Reservoir Operation Schedule by storing water at the Pimpalwadi (Dubi) dam at the full Reservoir Level.

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Court's answer

Considering what is stated in paragraph Nos. 6 and 7 of the affidavit of Shri. Ganesh Haridas (repairs targeted by March 2026 and operation of gates as per ROS with FRL of R.L.132 metre available from monsoon 2026), nothing survives for further consideration in the Petition.

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Ratio / Principle

If there is non-compliance of paragraph Nos. 6 and 7 of the affidavit, it is open to the Petitioner to file a fresh Petition.

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Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.), by order dated 01.08.2025, disposed of Writ Petition No.5268 of 2025 filed by Gadre Marine Export Pvt. Ltd., which sought a direction to the Maharashtra Water Resource Department (GoMWRD) to maintain the Reservoir Operation Schedule by storing water at the Pimpalwadi (Dubi) dam at the full Reservoir Level for hydel generation. The Additional Government Pleader placed on record an affidavit dated 29.07.2025 of Shri. Ganesh Haridas, Executive Engineer, Ratnagiri Irrigation Division, whose paragraph Nos. 6 and 7 state that rectification of technical issues and repair of the gate structure were in progress, targeted to be completed by March 2026, and that from monsoon 2026 the dam gates would be operated as per ROS, making the FRL of R.L.132 metre available and enabling the Petitioner to generate electricity at maximum level. Holding that, in view of those statements, nothing survived for consideration, the Court disposed of the Petition with liberty to file a fresh Petition in case of non-compliance of the affidavit.

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2025:BHC-AS:33321-DB

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916-wp-5268-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5268 OF 2025

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Gadre Marine Export Pvt. Ltd. …..Petitioner Vs.

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The State of Maharashtra & Anr. …..Respondents

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Adv. Sangramsingh R. Bhonsle, with Adv. Siddharth A. Mehta, Adv. Nrupal A. Dingankar, Adv. Pushkara A. Bhonsle, Adv. Sanmitra Pol, Adv. Naman Sherstra, Adv. Harshada Srikhande, Adv. Vaibhav, for the Petitioner.

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Mr. B. V. Samant, Additional Government Pleader with Smt. P. M. J. Deshpande, AGP for the Respondents-State

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CORAM : REVATI MOHITE DERE &

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DR. NEELA GOKHALE, JJ. DATE : 1^st AUGUST 2025.

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P.C.:-

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Heard learned counsel for the parties.

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By this Petition, the Petitioner essentially seeks a direction

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to the Respondent No.1-The State of Maharashtra Water Resource Department (GoMWRD) to maintain the Reservoir Operation Schedule by storing water at the Pimpalwadi (Dubi) at the full Reservoir Level.

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Mr. Samant, learned Additional Government Pleader has

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Gaikwad RD

916-wp-5268-2025.doc

filed an Affidavit of Shri. Ganesh Haridas, Executive Engineer, Ratnagiri Irrigation Division, Ratnagiri dated 29^th July 2025. In paragraph Nos. 6 and 7 of the said Affidavit, it is stated as under:

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“6. As per clause no A-4.1 of State Hydel policy For Development of Small Hydro Power Projects through Private Sector Participation issued vide GR PVT-1204/(160/2004)/HP dated 15/09/2005 Government of Maharashtra Water Resource Department reserves the right to decide release and modify it from time to time as per the requirements Government of Maharashtra Water Resource Department shall make serious efforts to release maximum volume of water in such a manner that it can be used for generation of electricity at desire time. However, The decision of Government of Maharashtra Water Resource Department in this regard shall be final and binding. No claims on this grounds shall be entertained.

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I say that as far as present position is concerned for year 2025-26, the rectification of Technical issues and necessary repair of Gates structure are already in progress and targeted to complete by march 2026, And hence in coming monsoon season of year 2026, the gates of the Dam will be Operated as per ROS. I say that in such an event, the (Full Reservoir Level) FRL of R.L.132 meter would be available in the Dam and the Petitioner would be in position to generate electricity at maximum level.”

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Gaikwad RD

916-wp-5268-2025.doc

Considering what is stated in paragraph Nos.6 and 7 of

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the aforesaid Affidavit, nothing survives for further consideration in the Petition.

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Needless to state, that if there is non-compliance of paragraph Nos.6 and 7 of the aforesaid Affidavit, it is open for the Petitioner to file a fresh Petition.

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The Petition stands disposed of, with the aforesaid liberty.

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(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)

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3/3

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Gaikwad RD Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 05/08/2025 17:54:46

Gadre Marine Export Pvt. Ltd. Thro. Its Authorized Representative Sandesh D. Salvi v. the State of Maharashtra Water Resourece Department Thro. Its Chief Engineer

Case brief

What is this about?

What did the court decide?

Gadre Marine Export Pvt. Ltd. Thro. Its Authorized Representative Sandesh D. Salvi v. the State of Maharashtra Water Resourece Department Thro. Its Chief Engineer

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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