1 wp5625-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5625 OF 2010 Kavlapur Grampanchayat ..Petitioner. Versus The State of Maharashtra & Others ..Respondents. Mr.A.A. Kumbhakoni i/by Mr.Vaibhav R. Gaikwad for the petitioner. Mrs.M.P. Thakur, AGP for respondent Nos.1, 2 & 4. Mr.Walawalkar, senior Advocate i/by Mr.G.H. Keluskar for respondent No.3. CORAM : B.H. Marlapalle, & U.D. Salvi, JJ. DATE : 12th October 2010. P.C. : We have heard Mr.Kumbhakoni, the learned counsel for the petitioner – Village Panchayat and Mr.Walawalkar, the learned senior counsel with Mr.Keluskar for the respondent - Municipal Corporation. 2. It appears that on the subject land i.e. Gat No.2054/1 of Village Kavlapur in Miraj Taluka of Sangli District, the respondent No.3 – Corporation has proposed construction of a pump house and sump tank. The subject land is allotted to the Corporation by the MIDC and ad-measures 20 Rs. 2 wp5625-10 3. Our attention has also been invited to the minutes of meeting held on 20th April 2010 in the Office of Collector, Sangli presided over by the Divisional Commissioner, Pune. In the said meeting, three of the representatives of the petitioner – Village Panchayat namely Shri Mohite – Sarpanch, Shri Vijay Patil – one of the villagers and the gramsevak were present, but they have not signed the minutes. We are informed that the respondent No.3 – Corporation is proposing to build an affluent disposal / affluent water treatment plant on the subject land. This would imply that the drainage water of the Corporation will be pumped to this water treatment plant and on treatment, it would be pumped out through pipes for irrigation purposes. The apprehension of the Village Panchayat, as placed before us by Mr.Kumbhakoni is that the proposed water treatment plant should not become a percolation tank, thereby damaging the soil which is a rich black cotton soil. 4. Mr.Walawalkar, on taking instructions submitted that the proposed water treatment plant will be cemented on the side walls as well as on the flooring for storage of water. However, there is no harm in giving hearing to the petitioner on this aspect so as to satisfy that the water so treated would not be allowed to percolate in the soil. The respondent – Corporation has no objection for this and in our opinion it would be appropriate that the hearing to the Village Panchayat is given before a body consisting of (i) the Executive Engineer In-charge of the Project; (ii) the 3 wp5625-10 Superintending Engineer, Maharashtra Jeevan Pradhikaran; (iii) Regional Officer of the Maharashtra Pollution Control Board; (iv) the Tahasildar; and (v) the Chairman of the Panchayat Samiti. This process also would meet the requirements of Section 56(2) of the Bombay Village Panchayat Act, 1958. 5. We, therefore, direct the Commissioner, Sangli Miraj Kupwad Municipal Corporation to constitute a committee of five members as stated herein above, which will hear the petitioner – village panchayat within a period of four weeks from today and the plans of the proposed Project may be made available to the petitioner in advance. 6. The writ petition is disposed of accordingly. (U.D. Salvi, J.) (B.H. Marlapalle, J.)