Yuvraj Bhausaheb Kate v. The State Of Maharashtra Thr Principle Secretary Of Dept Of Soil And Water And ORS

3 wp-106-2024.doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 106 OF 2024 by BHARAT DASHARATH PANDIT Date: 2024.01.08 18:51:21 +0530 Yuvraj Bhausaheb Kate

...Petitioner.

V/s The State of Maharashtra & Ors.

... Respondents.

---- Mr. Abhijit Kulkarni a/w Mr. Chinmay Patil i/b Abhijit Associates for the Petitioner.

Mr. N.C. Walimbe, AGP for Respondent Nos. 1 to 3. ---- CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 8th JANUARY, 2024 P.C.:- 1] On the strength of Resolution passed by the Gramsabha on 10/05/2023, resolving that the natural lake that is existing in the land of the Petitioner at Mouje Khamgav, Taluka Barshi, District Solapur should not be converted into a lake or be used it as storage lake, a communication has been addressed by the villagers of the said village to the Collector on 11/05/2023 and 18/10/2023. It is submitted by the learned Counsel for the Petitioner that under the provisions of Section 11(f) of the Maharashtra Water Resources Regulatory Authority 1/2

3 wp-106-2024.doc Act, 2005, it is the duty of the Regulatory Authority to undertake such conversion. Till today, no such decision has been taken by the said Authority and despite that, Work Order dated 24/03/2023 has been issued in that regard.

2] Issue notice to Respondents, returnable on 05/02/2024. The learned AGP waives notice on behalf of Respondent Nos. 1 to 3. Respondent No.4 be served by all permissible modes by the returnable date.

3] The Collector shall consider the representations made by villagers on 11/05/2023 and 18/10/2023 and take decision thereon. The decision be indicated in the affidavit to be filed on behalf of the said Respondents.

4] Liberty to apply in case any work in accordance with the Work Order dated 24/03/2023 is sought to be commenced. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 2/2