Bombay HC says no concrete steps taken by govt to clear irrigation backlog in Vidarbha, seeks detailed reply from Chief Secretary

A division bench of Justice Nitin W Sambre and Justice Abhay J Mantri was hearing a PIL filed by Loknayak Bapuji Aane Smarak Samiti in June 2018 through its member Amrut Govindrao Diwan and argued by advocate Avinash V Kale.

Two weeks before he resigned as the judge of Bombay High Court, Justice Rohit B Deo had in July, this year, pulled up the state government for not making a serious attempt to respond to the PIL, which touched the ‘issue of public importance’. The HC had then asked the CS to file a comprehensive affidavit addressing the issues and concerns raised in the PIL.

On December 20, Justice Sambre-led bench noted that the affidavit depicted that Sounik, in ‘vague manner’ had dealt with the claim put forth by the petitioner. “But for the general statement of denial, we don’t see any concrete efforts/steps taken in the matter of clearing irrigation backlog in the Vidarbha region as suggested by the Chief Secretary,” the HC stated.

It added, “The aforesaid approach on the part of the Chief Secretary can be viewed by this court as evading answers to the specific pleadings raised by the petitioner and as the pleadings substantially demonstrate as to the failure of the state government to clear the irrigation backlog in Vidarbha region.”

The state lawyer suggested that an opportunity may be given to the government to demonstrate concrete steps in time-bound manner to be taken by it, including allocation of funds in budget and to demonstrate bonafides of the state for removal of backlog. The HC said it was refraining itself from passing any adverse orders against the state CS due.

On December 21, after state lawyer, on instructions of Sounik assured about filing of detailed affidavit and sought time for the same, which the court granted and posted further hearing to January 31.