Babasaheb Babanrao Budhawant v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 18 WRIT PETITION NO.6595 OF 2023 BABASAHEB BABANRAO BUDHAWANT

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.K.D.Pote h/f Mr.A.G.Ambetkar, Advocate for the Petitioner. Mr.D.R.Kale, Govt.Pleader for the Respondent/State. Mr.Avishkar Shelke, Advocate for Respondent Nos.7 to 9. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 3, 2023 PER COURT :

1.

The Petitioner had earlier approached this Court in WP No.3226/2022. By order dated 07.03.2022, more particularly, paragraph No.4, we had recorded that - "4. The capacity may depend upon various aspects. In fact, the petitioner ought to have first approached to the MSEDCL for seeking necessary clarification and depending upon the reply may take further steps."

2.

Pursuant thereto, we are informed that Respondent No.8 has addressed the Petitioner vide communication dated 02.05.2022 khs/July 2023/6595

- 2 - stating therein that the concerned Electricity Generation Project upto 2 mega watts would be erected.

3.

In view of the above, this petition is disposed off with the following directions :- [a] We direct Respondent No.8, which has already shown it' s willingness to install a project with the capacity of 2 Megawatt in Gat No.457, to decide the feasibility of the said project within 45 days. [b] If the project is feasible, let the same be installed by following the due procedure laid down in Law within a period of 180 days. [c] In the event the project is not feasible, a reasoned decision be communicated to the Petitioner and if the Petitioner is aggrieved, he would be at liberty to avail of a remedy, as is permissible in Law. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2023/6595