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Bombay High CourtPIL/33/2013disposed off

Pradip Parshuram Phalke And ORS v. State Of Maharashtra, Through The Principal Secretary, Water Supply And Sanitation Dept And ORS

2019-12-03Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

suresh 5-PILG-33.2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.33 OF 2013 Pradip Parshuram Phalke & Others .... Petitioners Vs.

State of Maharashtra & Others .... Respondents WITH CIVIL APPLICATION NO.67 OF 2015 IN PUBLIC INTEREST LITIGATION NO.33 OF 2013 Chief Executive Officer .... Applicant In the matter between Pradip Parshuram Phalke & Others .... Petitioners Vs.

State of Maharashtra & Others .... Respondents None for the Petitioners.

Mr. Siddhesh Pilankar i/by Mr. Uday P. Warunjikar for the Applicant.

Mr. B.V. Samant, AGP, for Respondent Nos.1 to 3. Mr. K.P. Shah for Respondent No.5.

CORAM: S.C. DHARMADHIKARI & R.I. CHAGLA, JJ.

DATE : DECEMBER 03, 2019 P.C:

1.

Despite a detailed order of this Court dated 8-4-2015 and the further orders dated 7-5-2015, 9-6-2015, there is no assistance from the PIL petitioners at all. We do not think that we can, despite categorical statements on affidavit with regard to implementation of National Rural Drinking Water

suresh 5-PILG-33.2013.doc Programme, ensure that every village in the State is supplied clean and potable water.

2.

The water supply scheme to be implemented and fully functional would require a connection to the habitats in remote villages. We do not think that by taking an example or illustration of one particular village or one particular Taluka in one particular District, can the entire scheme be operated in the State. This would require this Court to consider not only the administrative but financial matters as well. Framing and implementation of such a scheme, the administrative and budgetary approval thereto, cannot therefore be monitored and supervised by this Court in PIL. We are not equipped at all to deal with this issue nor do we possess the expertise in such matters. The PIL, therefore, is disposed of.

3.

We have disposed of this PIL also because after six years of its institution we find no effective assistance from the petitioners.

4.

In view of disposal of the PIL, Civil Application No.67 of 2015 preferred therein does not survive and it accordingly stands disposed of.

(R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.) by SURESH JAGDISH SAJNAWAT Date:

2019.12.07 10:58:25 +0530 SURESH JAGDISH SAJNAWAT