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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.126 OF 2006

Shetkari Sangharsh Samitee & anr. ..Petitioner

V/s.
M/s.Maharashtra Energy Generation ..Respondents
Limited & ors.
Mr.S.S.Pakale, advocate for the petitioner
Mr.P.M.Patil, AGP for the State
Mr.A.C.Singh with Mr.I.A.Engineer, advocate for
respondent No.8
Mr.R.V.Govilkar, advocate for respondent No.4
Mr.G.C.Mishra, advocate for respondent No.8
Mr.J.J.Bhatt, Senior Advocate i/b. Mulla & Mulla
and CBC for respondent No.1
CORAM : J.N.PATEL &
A.A.SAYED, JJ.

DATE : 23RD AUGUST, 2007

P.C.

1. Heard learned counsel for the parties. On

25th July, 2007 this Court passed an order issuing
specific directions to the Collector to hear
Shetkari Sangharsh Samittee on 4th August, 2007 at
11.00 a.m. Respondent No.1 shall also remain
present and will be at liberty to put forward its
case of all the persons who are concerned with the
public hearing directly or indirectly and
thereafter the Collector would pass appropriate
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order in accordance with law. In case the

petitioner Samitee engages counsel then the counsel
only be heard on behalf of the petitioner and make
submission before the Collector. We have been
informed that the petitioner have been given
hearing in the matter and the minutes of the
meeting have been placed on record. Copies of
which are furnished to the other side.

2. It is submitted on behalf of respondent No.4

that it has acted as an agency for MOEF for the
purposes of conducting public hearing and has
forwarded record and proceedings to the MOEF.

3. It is specifically mentioned by the learned

counsel for respondent No.1 that for the present no
permission/clearance for the commencement of the
project is granted and presently the procedure
prescribed for appraisal of the project is going on
at various levels.

4. The learned counsel for the petitioner

submitted that the respondent No.1 may carry out
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developmental activities so as to commence their

project for erection of Power Thermal Plant for
generation of electricity in expectation of
obtaining requisite clearances and permission for
the project in question. Mr.J.J.Bhatt, Senior
Advocate appearing for respondent No.1 submits that
in view of the fact that as no clearance has been
given for commencement of the project, respondent
No.1 would not carry out any developmental
activities relating to the implementation of the
project/plan without obtaining necessary permission
and clearance.

5. In view of the fact that respondent No.1 has

not yet received any permission or clearance for
implementation of the project/plan of erecting
Thermal Power Plant Project at Shahpur Taluka,
Alibag, District Raigad, they will not take any
steps for implementation/commencement of the
Thermal Power Project without obtaining all the
requisite permissions and clearances from the
respective authorities of the State and Central
Government.
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6. It is further directed that before taking

any steps for implementation/commencement of the
Thermal Power Project after the requisite
permissions and clearances are received from the
respective authorities of the State and Central
Government, respondent shall bring it to the notice
of the Court so that petitioner can be heard in the
matter and appropriate orders can be passed.

7. The learned counsel for the petitioner

submits that he has come to know that two more
projects i.e.Thermal Power Projects are likely to
be set up nearby in the vicinity and therefore,
petitioner proposes to challenge setting up of
similar projects in the region on similar grounds
and the petitions in the matter would be filed
within two weeks.

8. S.O. six weeks.

(J.N.PATEL, J.)
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(A.A.SAYED, J.)