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Bombay High CourtPIL/79/2015disposed off

The President - Mahatma Gandhi Tantamukth Gav Samiti v. Tahsildar, Tal. Shirol And ORS.

2016-11-21Hon'Ble The Chief Justice,Hon'Ble Shri Justice M.S. Sonak2 pages

skn 1/2 79.15-pil.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 79 OF 2015 The President, Mahatma Gandhi Tantamukth Gav Samiti, Umalwad, Shirol.

...

Petitioner.

V/s.

Tahasildar, Tal.Shirol, Dist. Kolhapur & others. ... Respondents.

Prashant Syryawanshi i/b. G.M.Savagave for the petitioner. Ms.S.S.Bhende, AGP for respondent Nos.1 to 5. Kedar Patil for respondent Nos.7 to 12 and 14 and 15. CORAM :

DR.MANJULA CHELLUR, C.J.

AND M.S.SONAK, J.

DATE :

21st November 2016.

P.C. :

The petitioner's grievance is that sixth respondent is encouraging respondent Nos.7 to 15 in their manufacturing of bricks by excavating red soil from the beds of river Krishna. According to the petitioner, by allowing respondent Nos.7 to 15 to indulge in such activities, the banks of the river will erode and destroy ecological balance of the area in question. According to the petitioner, this has led to various disputes within the village between the residents of the village and all this is on account of indifferent attitude of sixth

skn 2/2 79.15-pil.sxw respondent, the Sarpanch of Grampanchayat, Umalwad, TalukaShirol, District- Kolhapur. 2.

The learned A.G.P. appearing for the State submits that as on today there is no activity of brick manufacturing by excavating red soil from the beds of river Krishna, Umalwad. However, we are of the opinion that the first respondent- Tahasildar to make a discrete inquiry into the matter through his officers. 3.

We, therefore, direct first respondent- Tahasildar, TalukaShirol, District- Kolhapur to treat this petition as representation and dispose it of within two months today and, if the illegal activities of manufacturing of bricks as contended in the petition are still persisting, he shall forthwith take all the steps including assistance of Police, if necessary, to stop the said activities. 4.

With the aforesaid observation and direction the petition is disposed of.

(M.S.SONAK, J.) CHIEF JUSTICE