Raosaheb @ Narsappa Annappa Alase And ANR v. Union Of India Through Secretary Water Resorces Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 88 OF 2019 Raosaheb @ Narsappa Annappa Alase & Anr.

.. Petitioners Vs.

Union of India & Ors.

.. Respondents Ms. Anushree Kurup I/by Mr. D. V. Sutar for Petitioners. Mrs. Anjali Helekar, Sr. P. C. a/w Mr. Pawan Patil, AOR, for Respondent No.1.

Mr. M. M. Pabale, AGP for State.

CORAM: PRADEEP NANDRAJOG, CJ. & SMT. BHARATI DANGRE, J.

SEPTEMBER 11, 2019.

P.C.

1.

Due to heavy rains flooding took place in the Districts of Sangali and Kolhapur. Now, nobody can prevent rain from falling. When the rain fall is intense, flooding is the inevitable result. However, the authorities concerned have to take stock of the situation. Regretfully global weather patterns have changed. The rain fall is not evenly spread. During the monsoon season

2/3 intense showers are encountered and the rain fall is extremely heavy on a few days. Large parts of the PIL concern policy matters, such as sugarcane cultivation in Districts Sangali, Satara and Kolhapur. As per the PIL, the soil in this area gets saturated with available water provided through irrigation and as a result during monsoon the water retention capacity of the soil being reduced is a cause of flooding.

2.

Issues concerning compensation for loss of standing crops, live stock and damage to buildings have been raised and we note that the Government assesses the loss as per policy guidelines and distributes the same to the ones who are adversely affected due to incessant rain fall.

3.

Issues concerning coordination between the State Governments of Karnataka and Maharashtra for prudent management of the water of the river Krishna have been raised in the Public Interest Litigation.

4.

These issues do not have judicially manageable standards.

5.

However, the issues raised need to be brought to the

3/3 notice of the 1st, 2nd and 3rd respondents and thus we dispose of the Public Interest Petition directing the 1st, 2nd and 3rd Respondents to treat the Public Interest Petition as a representation to them with the hope that a meaningful dialogue would be undertaken by the three respondents to find a solution to, if not solve the problem of the flooding due to incessant rain, mitigation of the problem.

6.

No costs.

SMT. BHARATI DANGRE, J. CHIEF JUSTICE