Bombay High Court

RAJU NANASAHEB CHAVANversusTHE STATE OF MAHARASHTRA

Decided: 21 August 2026
Disposal: Transfer to other Court

Holding

The court held that the Excess Saving Statement must be forwarded to the SLTC for consideration and approval, and the petition should be placed on the administrative side for possible transfer to a new Aurangabad bench.

Summary

The Bombay High Court heard a public interest litigation concerning the 35‑villages water supply scheme, focusing on the Pure Water Gravity Main, Elevated Storage Reservoirs (ESRs) and pending payments to contractors. The court examined the Excess Saving Statement (ESS) submitted by the Municipal Joint Project (MJP) and approved by the High Court Constituted Committee (HCCC), and considered whether it should be forwarded to the State Level Technical Committee (SLTC) for approval. It also addressed outstanding bills amounting to over Rs 14 crore owed to the project contractor GVPR Engineers Ltd and the joint venture SAPL‑VC, and the need for verification of ESR sites at Sindhi Colony and Jinsi. The parties jointly requested the constitution of a new bench at Aurangabad and the transfer of the matter to that bench. The court directed that the ESS be sent to the SLTC, placed the petition on the administrative side for possible transfer, and listed the matter for hearing on 11 September 2026.

Issues considered

Whether the Excess Saving Statement submitted by the MJP should be forwarded to the State Level Technical Committee for approval.
Whether the pending bills to the project contractor and joint venture should be directed for payment.
Whether the petition should be transferred to a newly constituted bench at Aurangabad.
Whether the court can direct administrative steps for commissioning of the remaining Elevated Storage Reservoirs.

Subjects

Public Interest Litigation
Water Supply Scheme
Excess Saving Statement
Elevated Storage Reservoirs
Pending Bills
Administrative Transfer
Bench Constitution

Judgment

(1)-PIL-188-22 & connected matters.odt

Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO.188 OF 2022
TRUPTI
SADANAND
BAMNE
Shrihari S/o Anant Shidore … Petitioner
Versus
Commissioner/Administrator … Respondents
Digitally signed
by TRUPTI
SADANAND
BAMNE
Date:
2026.08.21
17:16:17 +0530
WITH
INTERIM APPLICATION NO.12740 OF 2025
IN
PUBLIC INTEREST LITIGATION NO.188 OF 2022

Shrihari Anant Shidore & Ors. … Applicants
Versus
Commissioner/Administrator … Respondents

WITH
INTERIM APPLICATION (ST) NO. 35504 OF 2025
IN
PUBLIC INTEREST LITIGATION NO.188 OF 2022

G.V.P.R Engineer Pvt Ltd … Applicant
In the matter between
Shrihari S/o Anant Shidore … Petitioner
Versus
Commissioner/Administrator … Respondents

WITH
INTERIM APPLICATION NO. 12742 OF 2025
IN
PUBLIC INTEREST LITIGATION NO.188 OF 2022

Manisha Palande … Applicant
versus
Shrihari Anant Shidore & Ors. … Respondents

WITH
WRIT PETITION NO.2651 OF 2025
Raju Nanasaheb Chavan … Petitioner
Versus
The State of Maharashtra … Respondent

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(1)-PIL-188-22 & connected matters.odt

WITH
INTERIM APPLICATION NO.16240 OF 2024
GVPR Engineers Ltd Through
the Senior Manager Projects,
G. Mahender s/o Sri. G. Somla …Applicant
Versus
Shrihari S/ Anant Shidore … Respondent
...
Mr. Shambhuraje Deshmukh, Amicus Curiae (Through V.C.) a/w. Mr. Amit
Mukhedkar for the Petitioner (Through V.C.).
Mr. A. B. Girase, Govt. Pleader, Aurangabad (Through V.C.) along with
Mr.Tambe, Addl.GP, Mr. O. A. Chandurkar, Addl. GP and Mrs. G. R.
Raghuwanshi, AGP for the Respondent-State.
Mr.Rajendra S.Deshmukh, Senior Advocate with Mr.Vinod Patil and
Mr. Amol Vasmatkar for Respondent No.6/MJP.
Mr. R. N. Dhorde, Senior Advocate i/b. Mr. Sanket N. Suryawanshi for
Respondent No.15/Project Contractor.

Mr. Nitin Gaware Patil for Applicant in IA/12742/2025.
Mr.Sambhaji Tope (through VC) for the Respondent – Municipal
Corporation.
Mr.Sujeet G. Karlekar (through VC) with Mr.Harshal N. Mule for SAPL-VC
(Joint Venture).
...
CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
DATE : 21st AUGUST, 2026.

P.C.:
1. This is the 221st hearing in this matter.

HCCC REPORT

2. The learned Government Pleader has tendered a report of the

minutes of the meeting of the High Court Constituted Committee (HCCC)

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(1)-PIL-188-22 & connected matters.odt

held on 13.08.2026, with a covering letter dated 20.08.2026 (44 pages). The

same is marked as ‘X-87’ for identification.

3. Our attention is drawn to the contents of the said Report,

especially with regards to the Pure Water Gravity Main (PWGM) and the

various aspects recorded under Clause 12 pertaining to PWGM. Thereafter,

our attention is drawn to the Elevated Storage Reservoirs (ESRs) and the

Distribution Network-Road Restoration and House Service Connections. Our

attention is also drawn to the 35 Villages Water Supply Scheme.

4. Mr. Dhorde, the learned Senior Advocate, has drawn our

attention to Clause No. 21 of the said report, which pertains to the Excess

Saving Statement (ESS) [Clauses (a) and (b)], which are reproduced

hereunder :

‘a) The Excess Saving Statement submitted by MJP to the
HCCC has been duly considered and approved by the
Committee with the consent of the Commissioner, CSMC.
The said statement is hereby submitted along with this
report for the kind perusal and consideration of the Hon’ble
High Court.

b)Furthermore, the HCCC Chairman emphasized that the
requisite proposal may be forwarded to the SLTC for
consideration and approval at the earliest, in accordance
with the applicable rules, norms and prescribed procedure.
The relevant communication in this regard is enclosed
herewith as Annexure -II’.

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(1)-PIL-188-22 & connected matters.odt

5. All the learned Senior Advocates, as well as, the learned

Advocates appearing for the parties, along with the learned Government

Pleader and the learned Amicus Curiae, submit that the ESS submitted by the

MJP to the HCCC and which is approved by the HCCC with the consent of

the Divisional Commissioner, should be forwarded to the State Level

Technical Committee (SLTC) for consideration and its approval. As such, we

expect the SLTC to consider the ESS and ensure that appropriate steps are

taken after conducting a proper verification exercise and approval is granted

in view of the above.

6. The learned Senior Advocate, Mr. Deshmukh, appearing on

behalf of the MJP, has tendered a photostat copy of the communication from

the Executive Engineer, MJP, addressed to the Executive Engineer, Water

Supply Department of the Municipal Corporation. The same is marked as ‘Y-

124’ for identification. The said communication contains the narration of a

few heads of work which need to be pursued and it also acknowledges the

receipt of the bills from the Project Contractor, GVPR, for an amount of

Rs. 10,81,08,391/-.

ELEVATED STORAGE RESERVOIRS

7. Insofar as ESRs are concerned, out of the 59 ESRs, 4 have been

de-scoped and 55 ESRs are to be completed. 12 are ready, 30 are under

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(1)-PIL-188-22 & connected matters.odt

construction, and the remaining are already commissioned.

8. The learned Senior Advocate, Mr. Dhorde, submits that shortly,

those ESRs which are under testing and which have been recorded in the

minutes of the meeting of the HCCC, X-87, would be commissioned and,

once such ESRs are commissioned, the supply of drinking water to the

residents under the coverage of these ESRs would be improved and the

frequency would be between 3 to 4 days.

9. Mr. Dhorde further submits that at two localities, i.e. Sindhi

Colony and Jinsi, the Municipal Corporation is yet to allot the spot for

erection of the ESRs. The learned Advocate for the Municipal Corporation,

Mr. Tope, submits on instructions, that the Municipal Corporation would

verify the viability of the available space and allot the spot at the Jinsi and

Sindhi Colony locations for erection of the ESRs.

PENDING BILLS

10. Mr. Dhorde, the learned Senior Advocate, submits that certain

bills are still outstanding towards the MJP/Municipal Corporation.

11. Mr. Deshmukh, the learned Senior Advocate, draws our

attention to Y-124, which indicates that Rs. 14.16 Crores have been sought

from the Municipal Corporation.

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(1)-PIL-188-22 & connected matters.odt

12. Mr. Tope, the learned Advocate for the Municipal Corporation,

submits that the Municipal Corporation has already forwarded the same to

the Maharashtra Urban Infrastructure Funds Trustee Company and the same

have also been sanctioned. Within 10 days, the GVPR would be made the

said payment.

13. Insofar as payment to be made to SAPL-VC (Joint Venture),

which issue was brought to our notice when the order dated 26.02.2026 was

passed, Mr. Karlekar submits that the SAPL is yet to receive the said

payment. Mr. Deshmukh, the learned Senior Advocate, points out that the

payment of the dues of SAPL is already covered by Y-124. Mr. Tope submits

that the amounts to be paid to the SAPL would also be cleared within 15

days.

14. Mr. Dhorde, the learned Senior Advocate, points out that there is

one more bill that has been recently tendered to the MJP. Mr. Deshmukh,

the learned Senior Advocate, submits that the said bill would be dealt with

by following the due procedure and the same would also be cleared in due

course of time.

15. The learned Senior Advocates, Mr. Dhorde and Mr. Deshmukh;

the learned Government Pleader, Mr. Girase; the learned Advocate,

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(1)-PIL-188-22 & connected matters.odt

Mr. Tope; the learned Advocate, Mr. Mukhedkar; and the learned Amicus

Curiae, point out that, in anticipation of the non-availability of this Bench in

future, they have tendered a joint letter on the administrative side to the

Office of the Hon’ble the Chief Justice, praying for constitution of a new

Bench at Aurangabad and that this matter, along with the Writ Petition, be

transferred to the said Bench.

16. The learned Senior Advocates and the learned Government

Pleader submit that the project is about 85% complete.

17. In view of the above, the Registry is directed to place this

Petition on the administrative side before the Hon’ble the Acting Chief

Justice of the Bombay High Court.

18. We are informed that the next meeting of the HCCC is

scheduled on 01.09.2026. In view thereof, we are listing this PIL Petition on

11.09.2026 at 3.00 p.m. before the appropriate Bench as may be constituted

by the Hon’ble the Acting Chief Justice of the Bombay High Court.

[GAUTAM A. ANKHAD, J.] [ACTING CHIEF JUSTICE]

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