HC adjourns Jayakwadi hearing

AURANGABAD: The Aurangabad bench of the Bombay High Court on Monday adjourned the hearing on all Jayakwadi petitions to December 16. The petitions pertaining to distribution of water in the reservoir in Godavari river basin or sub-river basin were called out for hearing before the division bench comprising Chief Justice Mohit Shah and Justice Sanklecha.
The counsel appearing for the state of Maharashtra, Abhinandan Vagyani, said that as per an earlier direction of the high court, the availability of water or water storage in each of the dam/reservoir shall be notified on the official website of the government.
Vagyani said that the affidavit of the government is ready, but could not be sworn in since the principal secretary of the water resources department is on leave till December 29, 2013. The high court directed the counsel to file a comprehensive affidavit disclosing the state government’s stand, since the chief engineers of Nasik and Aurangabad regions were holding different views regarding distribution of water.
A request was made that all the petitions filed at Aurangabad be transferred to the Bombay High Court. In some of the petitions filed by agriculturists and societies from Nasik and Ahmednagar districts, the policy of the government regarding equitable distribution of water is questioned, whereas the constitutional validity of some of the provisions of Maharashtra Water Resources Regulatory Authority Act, 2005, has been challenged.
There are claims and counter claims regarding equitable distribution of water. Unless the provisions of the Act are constituted, it may not be possible to resolve the issue. The bench said that the government shall come out with a definite stand, while the advocate general would provide explanation on the issue on the next date of hearing.
Senior counsel R N Dhorde appeared for petitioners Kashinath Aagwan, Savhin Rohamare and Somnath Chandgude.
Advocates S B Talekar and Pradeep Deshmukh appeared for Marathwada Janta Vikas Parishad on different petitions filed by it pertaining to Jayakwadi water. Advocate Umakant Patil appeared for Aurangabad Municipal Corporation, while V D Hon appeared for Padmashree Vitthalrao Vikhe Patil Sahakari Sakhar Karkhana.