Teq Green Power Xi Private Limited Through Mr Amarendra Kumar Lenka v. The State Of Maharashtra Through The Industries Energy And Labour Department And Others

2024:BHC-AUG:22352-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 10154 OF 2024 TEQ GREEN POWER XI PRIVATE LIMITED THROUGH MR AMARENDRA KUMAR LENKA

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE INDUSTRIES ENERGY AND LABOUR DEPARTMENT AND OTHERS ....

Mr Sanjeev B. Deshpande, Senior Advocate i/b Mr Rahul R. Totala, Ms Shreya Mukherjee, Mr Swapnil V. Lohiya and Mr Sidhhant Somani, Advocates for Petitioner Mr A. B. Girase, G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 20th September, 2024 PER COURT:

1.

We have heard the learned Senior Advocate Shri Deshpande along with the learned Advocates, on behalf of the Petitioner and the learned Government Pleader, on behalf of the Respondents/State Authorities.

2.

Considering the order that we propose to pass, we are not required to advert to the submissions and the pleadings of the parties. Suffice it to say that, the Committee to be constituted for calculating the compensation to be paid to the farmers, has been

(2) constituted for District Beed and the meeting is scheduled on 27/09/2024, wherein the issue of the farmers vis-à-vis the Petitioner, would be taken up for adjudication. The learned Government Pleader submits that the issue with regard to the Beed District concerning the Petitioner, would be decided within 30 days.

3.

Insofar as the Dharashiv Committee is concerned, the learned Government Pleader submits that the matter has been closed for taking a decision on formalizing quantification of the compensation to be paid to the farmers.

4.

Insofar as the constitution of the Patoda Committee is concerned, the learned Government Pleader submits that the Committee would be constituted at the earliest, preferably within 15 days and as like the Committee at Beed, the Patoda Committee would also proceed to decide the claim of the Agriculturists qua the Petitioner.

5.

In the light of the above, the learned Senior Advocate representing the Petitioner submits on instructions that the

(3) Petitioner has already paid more than the formula prescribed in the Government Resolution dated 01/12/2022 and the money has already reached the farmers. He is further instructed to say that, after the Committee delivers it's verdict, the quantified amounts would be paid to the farmers, if not yet paid, without prejudice to the rights of the Petitioner.

6.

In view of the above statement, this Writ Petition is disposed off, with the following directions :- (a) The Beed Committee shall decide the issue of quantified compensation with regard to the present Petitioner, on or before 31/10/2024.

(b) The Dharashiv Committee shall deliver it's verdict on or before 10/10/2024.

7.

Since the Petitioner makes a statement that, amounts more than what could be prescribed by the Government Resolution dated 01/12/2022, have been paid to the affected farmers, the Project work, which is completed beyond 80%,

(4) should not be obstructed. We are accepting the said request and we make it clear that completion of the project shall proceed unhindered, in view of the statement of the Petitioner that it would pay the quantified compensation to the Agriculturists as per the decision of the Committee, though it's further right to assail the same, is left open.

8.

If the Model Code of Conduct is announced by the State Government, the same shall not be an impediment for the compliance of these directions.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk