Allowed

Gram Panchayat, Chale, through Sarpanch v. the State of Maharashtra, through Principal Secretary, Revenue and Various Dept and Ors.

Bombay HC22 Jul 2014WP/4914/2014

Case brief

AI extract

What is this about?

In a writ petition, the High Court quashed a District Collector's order that allowed sand transport through a village road based on an invalid settlement. The Court directed the Collector to decide the representations afresh after hearing all parties, citing serious safety concerns for villagers and school children.

What did the court decide?

The order dated 18th July, 2014 passed by the District Collector, Solapur is quashed and set aside. The Collector is directed to decide the representations afresh on merits within three weeks after he

Gram Panchayat, Chale, through Sarpanch Vs the… — Public Procurement and Tenders | Bombay HC (2014)

Deshmane Deshmane

11.WP.4914-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4914 of 2014

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Gram Panchayat, Chale Versus The State of Maharashtra and others.

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..Petitioner

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..Respondents

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Mr. Purushottam G. Chavan, for the Petitioner. Mr. A.B. Vagyani, Govt. Pleader, for Respondent Nos.1 to 7. Mr. Ajit J. Kenjale, for Respondent No.8.

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CORAM : A.S. OKA, AND A. S. CHANDURKAR, JJ.

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DATE : 22^nd JULY, 2014

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P.C.

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Heard the learned Counsel appearing for the petitioner, the learned Counsel appearing for the eighth respondent and the learned Government Pleader for the first to seventh respondents. Considering the narrow controversy involved in the Petition, the same is forthwith taken up for final disposal.

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The petitioner is a Grampanchayat. The petitioner Grampanchayat made a representation dated 10^th April, 2014 to the District Collector at Solapur. In the said representation, reliance was placed on earlier representation dated 11^th February, 2014. It is pointed out in the said representation that the eighth respondent is transporting sand by use of trucks and

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tippers. It is stated that at a time sand weighing 20 tonne to 40 tonne is transported. It is pointed out that the trucks and tippers are using the road passing through the village as a result of which, the villagers and the school children are exposed to danger. It is stated that apart from the fact that the condition of the road is deteriorated, by the side of the said road, there is a well through which water is supplied to the village. Moreover, by the side of the road, there is a water pipeline. A prayer was made that the transport of sand should not be permitted through the village road. A similar representation was made on 25^th April, 2014 by the petitioner village panchayat to the Divisional Commissioner. In addition to what is pointed out in the earlier representation, it was submitted that the road is passing through gavthan and by the side of the road apart from the residential houses, there is a Zilla Parishad school. It is stated that there is another road available which can be permitted to be used for the transport of the sand.

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Various photographs showing condition of the road have been annexed to the Petition. There is a direction issued by the Vacation Court directing the District Collector to decide both the representations. The direction was given to the Collector to give an opportunity of being heard to the petitioner represented by and through its Sarpanch or Deputy Sarpanch and all the concerned and necessary parties.

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An affidavitinreply has been filed by Shri.Vishnu R.

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Dolas, Incharge Mining Officer and a copy of the order dated 18^th July, 2014 passed by the District Collector on the said representations has been annexed. Said order relies upon the settlement arrived at between the petitioner and the eighth respondent on 18^th July, 2014. The order is passed in terms of the settlement directing the eighth respondent to install CCTV cameras along the road through which sand is transported. The said order directs that CCTV cameras shall be maintained by the petitioner village panchayat. The village panchayat should keep a watch by using CCTV cameras on the vehicles passing through the road and in the event there is an illegality, invite the attention of Tahsildar to such an illegality. The learned Government Pleader has produced the record of the proceedings before the Collector. In the rozanama, there is some reference to the proposal given by the eighth respondent to repair the damaged pipelines. It records the suggestion of the Collector to the eighth respondent to install CCTV cameras. It is stated that CCTV cameras can be used by the village panchayat to keep a watch. On the right hand side column of the rozanama, signatures of the Gramsevak and Deputy Sarpanch appear. However, there is no signature of the Sarpanch. Moreover, the file shows that on 17^th July, 2014 a statement of the Sarpanch was recorded. The said statement shows that the Sarpanch never agreed to settlement.

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We have already referred to the representations made by the petitioner. The representations are essentially for inviting attention of the Collector to the fact that a road passing through

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the village gavthan was being used for transporting the sand by use of trucks and tippers. The representations point out that along the said road not only that there are residential houses, but there is also a school of Zilla Parishad and, therefore, the said road is frequently used by the villagers as well as by the children. Moreover, use of the said road for heavy truck traffic was likely to damage the water pipelines and the well. In fact, the order of the Collector shows that a damage was caused to the water pipeline which was agreed to be repaired by the eighth respondent.

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Thus the grievance reflected from the representations, is the grievance of the villagers. Even assuming that there was a compromise formula agreed upon by the Deputy Sarpanch or by the husband of the Sarpanch, the Collector could not have disposed of the representations on the basis of the said settlement. Moreover, the order of the Collector permits use of the village road for the truck traffic and for transporting the sand. The direction to install CCTV cameras will not reduce the hardship of the villagers. There is an apprehension that the truck traffic is posing a danger to the villagers and students. Prayer of the village panchayat was also to provide another road for transport of the sand. Considering the nature of representations, the Collector could not have disposed of the representations on the basis of the alleged settlement unless the Collector was satisfied that the agreed formula will protect the villagers and in particular school children. That is not the finding recorded by the Collector in the impugned order.

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The learned Counsel appearing for the eighth respondent submits that the petitioner has filed a Suit in the representative capacity claiming the same relief and, therefore, this Petition should not be entertained.

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In view of the order of this Court and even otherwise the District Collector was under an obligation to decide the representations on merits considering the seriousness of the grievances made therein. Considering what we have held above, the order dated 18^th July, 2014 deserves to be quashed and set aside with a direction to the Collector to decide the representation afresh in the light of the observations made above.

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The contract granted to the eighth respondent is likely to come to an end on 30^th September, 2014. Therefore, the Collector will have to take appropriate decision as expeditiously as possible.

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We accordingly dispose of the Petition by passing the following order :

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i. The order dated 18^th July, 2014 passed by the District Collector, Solapur is quashed and set aside;

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ii. We direct the Collector, Solapur to decide the representations dated 11^th April, 2014 and 25^th April, 2014 afresh in the light of the observations made in this judgment and order;

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iii.The Collector, Solapur shall hear all necessary parties. The notice of hearing shall be displayed on the village chawadi and on the notice board of village panchayat to enable the citizens to attend such hearing;

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iv. The learned Government Pleader shall communicate the Collector, Solapur the observations made by this Court in the present judgment and order;

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v. The Collector, Solapur shall decide the representations as expeditiously as possible and in any event within a period of three weeks from today;

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vi. We direct the Collector, Solapur to act upon the operative part of this judgment and order;

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vii.The Petition is disposed of on above terms.

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(A. S. CHANDURKAR, J.) (A. S. OKA, J.)

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Gram Panchayat, Chale, through Sarpanch v. the State of Maharashtra, through Principal Secretary, Revenue and Various Dept and Ors.

Case brief

What is this about?

What did the court decide?

Gram Panchayat, Chale, through Sarpanch v. the State of Maharashtra, through Principal Secretary, Revenue and Various Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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