Swapnesh Sherlekar vs. State Of Goa Thr Chief Secretary And 2 Ors
Held
The Court accepted the statements made by the Advocate General regarding the steps taken by the State. For the first issue, the Court took cognizance of the notice inviting tenders for de-silting the nullah, estimating Rs. 33,74,61/-, and noted the proposed completion period of 90 days excluding monsoon. The Court expected the Water Resources Department and the tenderer to endeavor to complete this work within the prescribed period. For the second issue, the Court noted the Work Order dated 13.10.2023 for the repair of the Tillari Canal wall lining, awarded for Rs. 33,29,04,272/- inclusive of GST, with a completion date of 02.12.2024. The Court directed the Water Resources Department and the contractor to take all steps to complete this work within the stipulated period. The petition was disposed of with liberty to the petitioner to apply by filing a miscellaneous application if the works are not completed.
Facts
The petitioner, a resident of Mulgao Village, filed a Public Interest Litigation (PIL) writ petition concerning the inundation of agricultural fields along a canal and nullah in Mulgao Village. The petitioner sought directions for the de-silting of the nullah and repair of the Tillari Canal's wall lining within Mulgao Village. The respondents, including the State of Goa, were represented. The petition was instituted in public interest due to the agricultural field inundation.
Key Issues
1. Whether the State respondents should be directed to carry out the de-silting of the nullah flowing between agricultural fields in Mulgao Village. 2. Whether the State respondents should be directed to repair the canal wall lining of the Tillari Canal, at least to the extent it flows in Mulgao Village. Petitioner's Contentions: The petitioner argued for the necessity of de-silting the nullah and repairing the canal wall lining to address the inundation of agricultural fields. Respondents' Contentions: The Advocate General for the State respondents produced a notice inviting tenders dated 20.02.2024 for the de-silting work, estimating Rs. 33,74,61/- and proposing a 90-day completion period excluding monsoon. For the canal wall repair, the Advocate General placed on record a Work Order dated 13.10.2023 for strengthening and modifications of the Tillari Irrigation Project canal network, awarded for Rs. 33,29,04,272/- (inclusive of GST) with a completion deadline of 02.12.2024.
Sections Cited
None explicitly discussed or named in the judgment.
AI-generated summary — verify with the full judgment below
14-PILWP-37-2023.DOC
Maria S. IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WRIT PETITION NO.37 OF 2023 Swapnesh Sherlekar Versus State of Goa, thr. Chief Secretary And 2 Ors. …Petitioner ...Respondents Mr Vishal G. Naik, Advocate for the Petitioner. Mr Devidas J. Pangam, Advocate General with Mr Deep D. Shirodkar, Additional Government Advocate for Respondent Nos. 1 and 2. Mr Shivam S. Fadte, Advocate for the Respondent No.
CORAM: M.S. SONAK & VALMIKI SA MENEZES ,JJ. DATE: 26th FEBRUARY, 2024 P.C.:
Heard Mr Vishal Naik, learned counsel for the petitioner. Learned Advocate General appears along with Mr Deep Shirodkar, learned Additional Government Advocate for Respondents No.1 and 2 and Mr Shubham Fadte, learned counsel appears for Respondent No.3. 26th February, 2024
14-PILWP-37-2023.DOC
This petition was instituted in public interest by the petitioner who is a resident of Mulgao Village of Bicholim Taluka in the context of the inundation of agricultural fields along the canal and the Nullah in Mulgao Village.
The petitioner has prayed for the following substantive reliefs in this petition: “a) By way of appropriate
The judgment continues below.
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