Case Note & Summary
The petitioner, Hiralal Motilal Desarda, a professor and activist, filed a Public Interest Litigation challenging the State Government's decision to release water from Gangapur Dam Complex into the Godavari River for the Kumbhmela held in 2015. The contention was that the action was illegal, especially given severe drought conditions. The Court initially directed the State Government to revisit the issue on 14th September 2015, and on 22nd September 2015, noted the shocking state of affairs where substantial water was released to wash away dirt from holy baths. The Court directed the Chief Secretary of Maharashtra to inquire into the legality and validity of the decision, particularly in light of the Government Resolution dated 7th September 2015 which mandated preservation of water storage and top priority for drinking water. The Chief Secretary passed an order on 28th January 2016 holding that the release of water was contrary to the policy. The Court upheld this order and directed compliance with the water policy.
Headnote
A) Public Interest Litigation - Water Management - Drought - Government Resolution - The PIL challenged the State Government's decision to release water from Gangapur Dam for Kumbhmela holy baths during drought. The Court directed the Chief Secretary to examine legality, who held the decision was contrary to Government Resolution dated 7th September 2015 prioritizing drinking water. The Court upheld the Chief Secretary's order and directed compliance with water policy. (Paras 1-4)
Issue of Consideration
Whether the release of water from Gangapur Dam Complex for Kumbhmela Shahi snan was legal and valid in light of severe drought conditions and Government Resolution dated 7th September 2015 prioritizing drinking water.
Final Decision
The Court upheld the Chief Secretary's order dated 28th January 2016 and directed compliance with the water policy.
Law Points
- Public Interest Litigation
- Water Management
- Drought
- Government Resolution
- Drinking Water Priority
- Environmental Law
Case Details
2016 LawText (BOM) (12) 58
Public Interest Litigation No.154 of 2015
Hiralal Motilal Desarda (Petitioner in person), A.B. Vagyani (Government Pleader), P.G. Sawant (AGP), Tintina Hazaria (AGP), A.A. Kumbhakoni (Amicus Curiae), Shekhar Jagtap, G.S. Godbole
The State of Maharashtra and Others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Public Interest Litigation challenging the release of water from Gangapur Dam for Kumbhmela holy baths.
Remedy Sought
Petitioner sought to declare the release of water illegal and to prevent such diversion in future.
Filing Reason
The State Government released water from Gangapur Dam Complex for Kumbhmela Shahi snan despite severe drought conditions and a Government Resolution prioritizing drinking water.
Previous Decisions
The Court on 14th September 2015 directed the State to revisit the issue, and on 22nd September 2015 directed the Chief Secretary to examine legality. The Chief Secretary passed an order on 28th January 2016 holding the release contrary to policy.
Issues
Whether the release of water from Gangapur Dam for Kumbhmela was legal and valid under the existing policy and Government Resolution dated 7th September 2015.
Submissions/Arguments
Petitioner argued that the release of water for holy baths was illegal and wasteful during drought.
State Government defended the decision as necessary for the religious event.
Ratio Decidendi
The release of water from dams during drought must comply with Government Resolutions prioritizing drinking water; the Chief Secretary's inquiry is binding.
Judgment Excerpts
The first effective order which is passed in this Petition is of 14th September 2015.
The Chief Secretary of the State of Maharashtra passed an order dated 28th January 2016 holding that the action of release of water was contrary to the policy.
Procedural History
PIL filed in 2015; Court passed orders on 14th September 2015 and 22nd September 2015 directing Chief Secretary to examine legality; Chief Secretary passed order on 28th January 2016; matter listed for challenge to that order and other issues on 27th October 2016; judgment pronounced on 22nd December 2016.
