Ratnagiri Wind Power Projects Pvt. Ltd., Through Its Authorised Signatory Shri. Sreenivashulu J. v. Grampanchayat Village Gokul, Turf Patan Represented By Its Sarpanch And ANR.
904.wp1813.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1813 OF 2018 Ratnagiri Wind Power Project Pvt. Ltd.
... Petitioner.
V/s.
Gram Panchayat, Village Gokul & ors.
... Respondents.
Mr. Arif Brokwala, Sr. Advocate a/w. Mr. Shyam Diwani and Mr. Chirag Chanani I/b. Dewani Associates, advocate for petitioner. Mr. S.B. Kalel, AGP for State.
Mr. V.V. Pai, advocate for respondent No. 1.
CORAM : RANJIT MORE & SMT. SADHANA S. JADHAV, JJ.
DATE : MARCH 21, 2018.
P. C. :
Heard the learned Counsel for the petitioner and the learned AGP for State.
The petitioner is challenging the resolutions dated 12/10/2017 and 14/12/2017 passed by Gram Sabha of village Gokul Turf, Tehsil Patan, Dist. Satara. By the said resolutions, "no objection certificate" given to the petitioner for installation of wind power generation tower came to be revoked. The sole grievance of petitioner is that revocation of "no objection certificate" was done without giving Talwalkar 1/2
904.wp1813.18.doc any show cause notice and an opportunity of hearing to the Petitioner. In the above circumstances, Mr. Pai, learned Counsel for respondent No. 1 on instructions from members of respondent No. 1Gram Panchayat Committee who are present in the court makes a statement that the impugned resolutions passed by the Gram Sabha would not be implemented/acted upon and respondent No. 1 will take action against petitioner after following principle of natural justice. Statement accepted.
In the light of the statement made by Mr. Pai, learned Counsel for respondent No. 1, respondent No. 1 shall remove obstruction to petitioner's access to wind power generation towers. Subject to above, petition is disposed of.
All concerned to act upon the copy of this order duly authenticated by Sheristedar of this court.
[SMT. SADHANA S. JADHAV, J.] [RANJIT MORE, J.] Talwalkar 2/2