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Bombay High CourtWP/6984/2025disposed off

Siddharam Dattu Gaikwad And ORS v. Union Of India Thr Its Ministry Of New And Renewable Energy And ORS

2025-06-18Hon'Ble The Chief Justice , Hon'Ble Shri Justice Sandeep V. Marne2 pages

2-WP-6984-2025.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6984 OF 2025 Siddharam Dattu Gaikwad & Ors.

.. Petitioners

Versus

Union of India & Ors.

.. Respondents Mr. S. I. Nandode for petitioners.

Mr. Rohan Savant "B" Panel Counsel for respondent no.2State.

CORAM:

ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

by PRAVIN DASHARATH PANDIT Date:

2025.06.18 19:35:23 +0530 PRAVIN DASHARATH PANDIT DATE:

18th JUNE, 2025 ORAL ORDER [Per Chief Justice]:

1.

With the consent of the learned counsel for the parties, heard finally.

2.

In this writ petition, the petitioners, who claim to be the villagers, have assailed the validity of Clause 6.11 of the policy framed by the State of Maharashtra which exempts the Solar Power Project from obtaining NOC from the Pollution Control Board.

3.

After arguing the matter to some extent, learned counsel for the petitioners submits that petitioners be granted liberty to submit representation with regard to their grievance and direct the State Government to consider the representation to be submitted by the petitioners.

2-WP-6984-2025.doc 4.

Learned counsel for the respondent no.2-State, on instructions, submits that in case such a representation is submitted by the petitioners, the same shall be considered in accordance with law.

5.

In view of the aforesaid submissions and taking into account the well settled judicial parameters for interference with the policy decision, we are inclined to grant the liberty to the petitioners to submit a representation to the State Government.

6.

In view of the above, the petitioners are granted liberty make a representation to the State Government. Needless to state that in case the petitioners make such representation, the same shall be dealt with in accordance with law on its own merits.

7.

It is made clear that this Court has not expressed any opinion on merits of the matter.

8.

Accordingly, writ petition is disposed of.

(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)