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Bombay High CourtWP/7769/2022

Kalyan Daulatrao Nalge v. The State Of Maharashtra Thr Its Secretary Revenue And Forest Dept. And ANR

2022-07-08Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice S. M. Modak2 pages

11.7769.22-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.07.12 11:07:58 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE WRIT PETITION NO.7769 OF 2022 Kalyan Daulatrao Nalge ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Suresh M. Sabrad for the Petitioner Ms.M.P.Thakur, A.G.P. for the State

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JULY 8, 2022 P.C.

The learned counsel for the Petitioner submits that Petitioner is similarly situated as in Writ Petition No.1621 of 2020. Same order be passed in the present Writ Petition as is passed in Writ Petition No.1621 of 2020. In the Writ Petition No.1621 of 2020, we had only directed to decide the representation. We have heard the learned counsel for the petitioner. The learned counsel submits that policy is introduced in the year 2018 with regard to the D-Silting of the major dams. Apart from the said policy, there is no policy in respect of other dams such as medium and small dams.

The learned A.G.P.appearing for respondent Nos.1 and 2 submits that the writ dam is also now being categorized as a major Mohite 1/2

11.7769.22-wp.docx dam for Ujani Dam, the policy is introduced.

The next contention is that no further steps are taken by the respondents for D-Silting of the dam. The learned A.G.P. for respondent Nos.1 and 2, on instructions, submits that the process of taking policy decision in respect of the D-silting of the dam is at the last stage.

In view of that we expect the decision will be taken by the respondents expeditiously.

We hope and trust that the respondents shall take decision as has been contended expeditiously. We may not lay down the time frame for the same, however, the said decision shall be taken expeditiously.

If the representation is given by the petitioner, the Government shall take decision on such presentation on its own merits.

Writ petition is disposed of. No costs.

(S. M. MODAK,J.) (S.V. GANGAPURWALA, J.) Mohite 2/2