Nagpur: The Nagpur bench of Bombay high court on Wednesday criticized the repeated delays in responding to multiple notices issued regarding a public interest litigation (PIL), involving a 20km water pipeline installed above ground at Tadali MIDC by Dhariwal power plant in violation of stipulated conditions.
The said pipeline has allegedly caused significant crop damage across several villages worth lakhs. Expressing displeasure, the court noted that while the company remains unaffected, farmers bear the year-long burden of the resulting crop losses.
"Considering the respondents' failure to file their reply and the delaying practices observed," the court remarked, "the court will determine if the respondent company can be directed to compensate for pipeline leakage damages, which it is duty-bound to maintain."
This petition, filed by Ashok Kaurase and four other farmers from Anturla, was heard by justices Nitin Sambre and Vrushali Joshi. The court also gave an oral order of a final deadline to the Chandrapur collector, via the assistant government pleader, to submit a response by December 6 or to be present in court in person. Additionally, notices were issued to the secretary of the water conservation department, requiring a formal reply.
According to the petition, the chief engineer of the water resources department allowed the 600 MW power plant to withdraw a fixed amount of water annually from Wardha River. The Chandrapur district collector permitted the laying of a pipeline to transport water to the power station. Consequently, the company installed a 20km pipeline from Shivdhura, passing through the villages of Dhanora, Wadha, Pandharkawada, Mahakurla, Anturla, Shengaon, Sonegaon, Yerur, and Gavrala. The petition alleged that the substandard pipeline frequently bursts, flooding fields and damaging crops. Shilpa Giradkar, representing the petitioners further argued that even after multiple complaints to the district collector, no action was taken.
Court records show the PIL's first hearing was on June 26 before justices Nitin Sambre and Abhay Mantri. The court admitted the PIL and issued notices to the respondents, instructing them to reply by the next hearing on August 7. During the second hearing, AGP NS Rao requested a three-week extension, which was granted. Despite this, no response was submitted by the third hearing on August 28, prompting another three-week extension. By the fourth hearing on September 25, the AGP sought yet another extension, which the court granted, emphasizing the urgency of filing affidavits on record. However, the court noted on Wednesday that the respondents have still failed to file a reply, with the AGP seeking an additional extension.