A division bench of
Acting Chief Justice S. V. Gangapurwala and Justice Santosh Chapalgaonkar was responding to suggestions of the amicus curiae in a
suo motu PIL.
According to the PIL, girls from Khirkhandi village in Satara are forced to ply boats from one end of Koyna Dam to the other end and then take a nearly 4 km journey through a dense forest to reach school.
The court had earlier
directed the Chief Secretary of Maharashtra to prepare a report indicating a permanent solution to the plight of the young girls as well as the rehabilitation of project affected families.
After the state filed its compliance, Amicus Curiae Sanjeev Kadam visited the area.
The state relied on availability of land in Bamnoli village for rehabilitation of the persons affected by the Koyna Dam. However, Kadam stated in his report that the land was on steep slopes near the backwater of the dam and there is no access by road. Further, the land is uncultivable. Therefore, this option is totally impracticable, he said.
During the hearing, Kadam suggested that the gairan lands in the state can be allotted to the project affected persons of the Koyna dam. However, the court remarked, "For private distribution those lands cannot be allotted." Kadam said that gairan lands can be used for this purpose if the court permits it.
The state government had stated in its compliance report that the authorities convinced families to get their children admitted in Shri Kasai Devi Kendriya Residential Ashram School, Andhari to avoid traveling from the Koyna dam backwaters daily. According to Kadam's report, the students had come back to their original school as proper facilities were not available in the ashram school.
All the students were admitted to the Shankar Bhagoji Shelar Secondary School and Junior College. While aid is granted to the secondary school, the junior college classes are not granted the benefit. Kadam suggested that considering the peculiar and adverse situation in the area, the kids in the junior college should be considered as a special case.
Kadam stated that a permanent solution for the project affected families is needed and the families showed desire to cancel the earlier allotment of land. He stated in his report that there are some lands at Bopegaon village, Satara which is in the plains and has necessary facilities of water, school, education, communication, transportation, etc.
Government Pleader P. P. Kakade told the court that the state will consider Kadam's report and take appropriate action.
Case no. – SMPIL/1/2022 [Civil]
Case Title – High Court On Its Own Motion v. State of Maharashtra
