Shrikant Shrimant Nalawade v. The State Of Maharashtra Thr Principal Secretary And ORS
jvs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 160 OF 2023 Shrikant Shrimant Nalawade .. Petitioner
Versus
The State of Maharashtra & Ors.
.. Respondents Mr. Ashish S. Gaikwad with Mr. Anirudh R.
Rote, Ms. Savita A. Gaikwad and Ms. Prerana M. Agavekar for petitioner.
Ms. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondents 1 to 4, 7 & 8.
Mr. Akash Menon (through VC) for respondents 5 & 10.
Ms. Sonia Sunil for respondent no. 6.
by PRAVIN DASHARATH PANDIT Date:
2025.07.02 18:53:46 +0530 PRAVIN DASHARATH PANDIT
CORAM:
ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.
DATE:
2nd JULY, 2025 ORDER: (Per Chief Justice) 1.
The petitioner claims to be a social worker. In this petition styled as Public Interest Litigation (PIL), the petitioner, inter alia, seeks to cancel the proposed Solapur Super Thermal Power Project and seeks a direction to the Collector, Solapur, the Sub-Divisional Officer, Madha and the Tahsildar, Pandharpur to carry out survey and panchanama in respect of the area affected under the Solapur Super Thermal Power Project and direct the Sub-Divisional Officer to make payment of compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 with interest at the rate of 18% p.a.
2.
We have heard learned counsel for the parties at length. 3.
From a perusal of the affidavit in reply filed on behalf of M/s. Power Grid Corporation India Limited (respondent no. 5), it is evident that the said respondent has not acquired the land, but has utilised the land for the purpose of laying down the transmission lines. In the affidavit in reply, it has been stated that compensation has been mostly paid to all the land owners for the damage caused during the aforesaid work and compensation is remained to be paid only to small number of land owners where the dispute with regard to title is pending. 4.
The petitioner has annexed list of farmers to whom compensation has been paid. The petitioner has cited illustration of panchanama in respect of land of one Shri.Saudagar Dattu Chavan to buttress the claim that panchanamas have been unilaterally prepared without taking signatures of the concerned farmer. The said panchanama is dated 18th February 2018. However, after perusal of the list of farmers who are paid compensation, it appears that Shri.Saudagar Dattu Chavan has been paid compensation of Rs.1,54,357/-. The case set up by the petitioner, thus, appears to be baseless.
5.
The Solapur Super Thermal Power Project was conceived in public interest in the year 2018 and the land was utilised in the year 2018. In this PIL, the petitioner seeks to cancel the proposed Solapur Super Thermal Power Project, which, in fact, is contrary to public interest as the project has been
perceived for the benefit of public in general. In case any farmer is aggrieved by non-payment of compensation in respect any damage caused during laying down of transmission line, he/she shall be at liberty to approach the appropriate forum for redressal of the grievance. 6.
For the reasons aforesaid, we are not inclined to entertain the PIL. The same is hereby dismissed. (SANDEEP V. MARNE, J.) (CHIEF JUSTICE)