Bhika Ramdas Koli And Another v. The State Of Maharashtra And Others

{1} PIL 160.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATIOIN NO.160 OF 2016 Bhika S/o Ramdas Koli and another Petitioners

Versus

The State of Maharashtra and others Respondents Mr. R.H. Mewara advocate for the petitioners Mr.A.B. Girase Government Pleader for Respondent Nos.1 to 6 _______________ CORAM : R.M. BORDE & SANGITRAO S. PATIL, JJ (Date : 21st December, 2016.) PER COURT :- The villagers of village Dapori and Lamanjan are objecting to the allotment of sand blocks for the purpose of excavation, on ecological grounds. Resolution has been adopted in the Gramsabha of villages, in presence of the officer of the revenue department raising such objection. It appears that the State Government has taken a decision to conduct auction of the sand blocks adjoining both these villages. However, since there is opposition from Village Panchayat for excavation of sand within the jurisdiction of these villages, it would be proper for the State Government to consider the objections and issue necessary directions. Clause 17 of the Government Policy drawn on 12.3.2013 provides for remedy of making grievance to the Minister Level

{2} PIL 160.16.odt sub-committee, constituted for the purpose of consideration of the grievances. It is expected of the Minister Level subcommittee to take appropriate decision as regards the grievances raised by the villagers. In view of clause 17 contained in the Government Resolution dated 12.3.2013, it would be open for the petitioners to approach the Minister Level sub-Committee constituted for consideration of the grievances. If the petitioners make appropriate representation within a period of seven days from today, the subcommittee shall take appropriate decision within a period of two weeks from the date of receipt of such representation/appeal. In the meanwhile, the auction proceeding may continue. However, allotment of sand blocks at the villages, shall not be made in favour of successful bidder.

If it is found that the petitioners themselves are involved in the activities of excavation or transportation of the sand or having any vested interest, it would be open for the State Government to pass appropriate orders including imposition of costs on the petitioner.

In view of directions as above, the writ petition stands disposed of.

(SANGITRAO S. PATIL, J) (R.M.BORDE, J) vbd