TATA POWER COMPANY LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Just at the top of the Western Ghats, in the region between Khandala and Pune, there stands a water reservoir and a dam known as Mulshi. The Mulshi Dam and reservoir provide not only hydroelectricity but also irrigation water downstream, including to the Raigad region. Power generation comes from Mulshi and their associated facilities on the Krishna river.

(2.) The complaint in the Petition is a proposed diversion by a pipeline to provide drinking and potable water supply from the Mulshi reservoir to the villages in Man-Hinjewadi, just outside Pune. Dr Sathe, learned Senior Advocate for the Petitioner, maintains that if not stopped the pipeline diversion will drastically reduce the available water supply in the Mulshi reservoir. This will adversely affect power generation throughout, including to Mumbai and its surrounding areas, and will also reduce the irrigation water supply to Raigad. There are not only expert reports that have already recommended against that diversion, but we are told that there are affidavits filed in the proceedings before the Supreme Court by which the State Government is said to have confirmed that it will not, in fact, execute such a diversion. That affidavit is not before us in these papers.

(3.) The work is proposed by Respondent No.1(i), the Water Supply and Sanitation Department. Curiously, we find that this project is opposed by another segment of the Government namely the Water Resources Department. We will have to consider that as well. The Contractor has been asked to do the pipeline diversion work which is the 10th Respondent, a private entity, Kalyan Toll Infrastructure Ltd.