Godavari Marathwada Irrigation Development Corporation Aurangabad Through Executive Engineer v. Sandeep Vijay Kulkarni And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8970 OF 2019 IN PUBLIC INTEREST LITIGATION NO.152 OF 2018 Godavari Marathwada Irrigation Development Corporation, Aurangabad Applicant

Versus

Sandeep s/o Vijay Kulkarni & another Respondents Mr.P.M.Shah, Senior Counsel I/by Mr.B.R.Surwase, advocate for the applicant.

Mr.Ms.P.S.Talekar, advocate I/by Talekar & Associates for Respondents (original petitioners in PIL).

CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATE : 05th September, 2019 PER COURT:

Heard Mr.P.M.Shah, learned Senior Counsel with advocate Mr.B.R.Surwase, for the applicant.

It is the submission of Mr.Shah, learned Senior Counsel, that considering the contentions raised in the Public Interest Litigation and the consequent prayer, the applicant - Godavari Marathwada Irrigation Development Corporation would certainly be a necessary party to the PIL, as the main issue, raised in the PIL, is in the form of an allegation regarding unequal

{2} ca897019.odt distribution of amount for release of water through Nilwande Dam. Ms. Talekar, learned Counsel appearing for the petitioners in the PIL, vehemently opposes the application. In view of the submissions of Mr.Shah and for the reasons recorded in the application, the application is allowed. Necessary amendment be carried out by the petitioners within one week from today.

AVINASH G. GHAROTE PRASANNA B. VARALE JUDGE JUDGE adb/