MARATHWADA JANTA VIKAS PARISHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Public Interest Litigation, Marathwada Janta Vikas Parishad and a local agriculturist are challenging a major irrigation project undertaken by the State of Maharashtra and Vidarbha Irrigation Development Corporation known as "khadakpurna Project" on the upstream of Purna river, mainly on the ground that this project would adversely affect the beneficiaries of the earlier Purna project. In this writ petition the State of Maharashtra through the Secretary, Irrigation Department, Union of India through the Secretary, Ministry of Water Resources, Central Water Commission through its Chairman ; Vidarbha Irrigation Development Corporation through its Executive Director and the Executive Engineer of the Vidarbha Irrigation Khadakpurna Project Division are arrayed as respondents.

(2.) THE erstwhile Government of Hyderabad had undertaken the major irrigation cum power project known as "purna Project" in the year 1955. This project was an Irrigation cum Hydro Power Project on River Purna which comprised of -

(3.) THE administrative approval to the Purna Project was given by the then Government of Hyderabad by its resolution dated 29th January, 1955. Upon formation of the State of Bombay after States Reorganization Act, 1956, the then Government of Bombay accorded its administrative approval to the Purna Project by resolution dated 28th January, 1957 and ultimately when the State of Maharashtra came into being, the Government of Maharashtra granted its administrative approval to the said project on 2nd May, 1961.