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Bombay High CourtWP/5717/2024disposed off

Kishor Gabaji Salve v. The State Of Maharashtra Through Its Secretary And Others

2024-06-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:11313-DB 5717.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 WRIT PETITION NO. 5717 OF 2024 KISHOR GABAJI SALVE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Ms Sunita G. Sonawane , Advocate for Petitioner; Mr S. K. Tambe, A.G.P. for Respondent Nos.1 to 4 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 18th June, 2024 PER COURT:

1.

The grievance of the Petitioner is that the Revenue Authorities permitted Respondent No.5/Agency, to excavate the minor minerals from the land adjacent to the agricultural field of the Petitioner. Though the Petitioner's land is not dug out by the said Agency, the excavation of minor minerals from the adjacent land has affected the Petitioner's agricultural yield. 2.

The learned A.G.P. submits that the Petitioner will have to prove that the cause of loss of agricultural yield is on account of excessive excavation of minor minerals by the said Agency. If the loss is established by leading oral and

5717.24wp (2) documentary evidence, the Civil Court would be in a position to quantify compensation to be paid to the Petitioner. For the said purpose, the Petitioner will have to establish the loss caused. 3.

The learned Advocate for the Petitioner strenuously submits that, the District Collector can look into this issue. 4.

We find that there are several disputed issues. If the direct effect of the excavation of minor minerals, is that the land of the Petitioner is affected, the Petitioner will have to establish such claim and the Civil Court would be in a position to quantify the compensation.

5.

In view of the above, since the Writ Petition would not be the remedy, inasmuch as, moving the representation to the District Collector would not fetch any respite to the Petitioner, that this Writ Petition is disposed off. If the Petitioner approaches the Civil Court for damages, the disposal of this Writ Petition would not be an impediment.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk