Dr. Budhajirao Ragunathrao Mulik v. The Government Of Maharashtra, Through Chief Secretary And ORS

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. :- 1.

Having heard both sides we find that the issues projected in these PILs cannot be decided, much less cognizance taken thereof permanently by this court. The issues are concerning the drought 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.

2.

We do not think that by taking affidavits on record or directing constitution of committees or special inquiry teams, taking their reports on record from time to time and issuing directions would improve the situation. These matters are not justiciable in strict sense. When the PILs are filed on such issues and/ or are entertained, the courts cannot be oblivious of the fact that these are policy matters and we have no control over the provision or allocation of funds, their disbursement and monitoring and supervision of the ongoing projects. This is an endless exercise and there can be a complaint that in one region the drought like condition is taken care of and some other area is ignored, but we do not think that we can cover the whole State. 3.

We do not think that these PIL petitions can be kept pending any longer. They are disposed of accordingly. (R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.) J.V.SALUNKE,PS