1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4532 OF 2007 Pramod Babanrao Gapat, Age : 27 years, Occu. Advocate R/o C/o S.L. Dhoot, 29, Prasad Alankar Housing Society, Garkheda, Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra Through Principal Secretary Law and Judiciary, Mantralaya Mumbai 2. The Principal Secretary Water Supply and Sanitation Department, Mantralaya, Mumbai 3. The Principal Secretary, Urban Development Department, Mantralaya, Mumbai 4. The Director of Municipal Administration, Government Transport Service Building, Third Floor, Sir Pochkhanwala Road, Worli, Mumbai 5. Municipal Corporation of Aurangabad (through its Commissioner), Aurangabad ..RESPONDENTS Ms Rashmi P. Gour, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 to 4; Mr A.M. Karad, Advocate for respondent no.5. 2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 22nd July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ directing the respondents to take steps for strict and effective implementation of the direction dated 10.3.2005 issued by the Deputy Secretary, Urban Development Department, Mantralaya, Mumbai. The petitioner also prays for issuance of a writ directing the respondents to form a Committee as suggested in para 13 of the petition for strict and effective implementation of the rain water harvesting scheme and by virtue of prayer clause (D) prays for issuance of a writ directing the respondents to implement rain water harvesting scheme for the old constructions having area of 300 Sq. Mtrs. 3. This petition came to be treated as a petition in public interest and upon the petitioner depositing an amount of Rs. 3 10,000/- in this Court, notices to the respondents came to be issued. The petition is filed, no doubt, with a very laudable object of ensuring that water is not rendered scarce but is available for the public utility. With this avowed object the Government has introduced a scheme of rain water harvesting. Certain directives came to be issued from time to time and the petitioner, being a diligent and a concern citizen of this country, has filed this petition seeking strict implementation of the aforesaid directives. 4. On notice being issued to the respondents, respondent no.5 has filed an affidavit in reply. In the affidavit in reply at paragraph 4 it is stated that in view of the directives issued by the State Government, respondent no.5 - Corporation had already started implementation of the directions and while granting building permission as well as occupancy certificates it has made it mandatory for making provision for rain water harvesting. Thus, all constructions to be carried out in future have been granted permission subject to the implementation of the scheme for rain water harvesting. Thus, according to us the relief which the petitioner has sought for in respect of implementation of the said scheme is fully satisfied. 4 5. In respect of the other reliefs, i.e. a Committee be constituted in order to ensure or supervise strict compliance of the aforesaid directives, according to us it would be appropriate if the petitioner submits necessary representation to the authorities involved in the implementation of the said scheme and may forward such other suggestions which the petitioner feels appropriate. 6. In respect of the relief of directing that rain water harvesting scheme be implemented in respect of the old structures, according to us the aforesaid directions, if any to be issued by us, would be impracticable. It may not be possible to enforce the directives in respect of the old structures. However, residents residing in the old structures, if concerned with the protection of the environment would obviously resort to such practice. 7. In the light of what has been stated by us above, we allow the petition by making Rule absolute by accepting the statement made by learned Counsel for respondent no.5 that while granting building permission and occupancy certificates, the rain water harvesting scheme is implemented both in its letter and spirit. 5 8. Writ Petition is accordingly allowed with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4532.07