Allowed

Shri. Virdhaval Krushnarao Jagdale v. the State of Maharashtra and Ors.

Bombay HC2 Mar 2015WP/1376/2015

Case brief

AI extract

What is this about?

This judgment dealt with two writ petitions concerning the non-implementation of two Ministerial orders granting sand excavation permissions. The Court held that the orders must be implemented within eight weeks, noting that the specific review directive had been withdrawn and no illegality was on record at the time. The Court refrained from adjudicating the legality of the orders.

What did the court decide?

Directions to implement the impugned orders within eight weeks and disposal of Civil Applications.

Shri. Virdhaval Krushnarao Jagdale Vs the State of… — Land Acquisition | Bombay HC (2015)

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ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
 WRIT PETITION NO.1376 OF 2015 WITH
CIVIL APPLICATION NO.517 OF 2015

¶5

Virdhaval Krushnarao Jagdale ...Petitioner
vs.

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The State of Maharashtra & Ors. ...Respondents

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ALONG WITH
WRIT PETITION NO.1377 OF 2015
WITH

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CIVIL APPLICATION NO.518 OF 2015

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Sanjay Sharadrao Dhamdhere ...Petitioner
vs.
The State of Maharashtra & Ors. ...Respondents

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Mr.Dhanraj Patil for the petitioner in both
petitions

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Mr.A.B.Vagyani, GP a/w Ms M.P.Thakur, AGP for the
applicant in CAW 517/2015 and for the respondent in
WP 1376/2015

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CORAM : A.S.OKA, &
 A.K.MENON, JJ.
 DATE : MARCH 2, 2015

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P.C.:

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1Considering the narrow controversy involved, we
have forthwith taken up these two petitions for
final disposal. In Writ Petition No.1376 of 2015,
the petitioner is seeking implementation of the
order dated 12th September 2014 passed by the Hon'ble
Minister for State of Revenue and Rehabilitation
departments of the State. By the said order, the
Hon'ble Minister partly allowed the application made
by the petitioner and directed that the petitioner
shall be permitted to excavate sand of 4881 brass

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quantity from the Spot No.2 at Village Kangaon No.2,
Taluka Daund, District Pune. On the basis of the
said order, the petitioner made application to the
District Collector, Pune for grant of permission.
The petitioner has approached this Court for writ of
mandamus under Article 226 of the Constitution of
India for implementation of the said order.

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2When this petition was called out on 10th
February 2015, following order was passed:

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“3We must state here that during last few
days we have come across several petitions
filed in this Court wherein a grievance has
been made that the orders passed by the
Hon'ble Ministers in exercise of the
statutory powers before October 2014
elections are not being implemented. This is
one more such case wherein the grievance is
made that the order dated 12th September 2014,
is not being implemented. Learned AGP has
invited our attention to the letter dated 21st
November 2014, addressed by the Revenue and
Forest Department of the State Government to
the District Collector, Pune. The letter
refers to a letter of the Hon'ble Minister of
the Revenue Department of the same date. The
letter records that as per the letter of the
Hon'ble Minister, various orders passed by
the Hon'ble Ministers of the earlier
Government after 1st July 2014, in relation to
change of user of lands, land matters, FSI,

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TDR etc are required to be reviewed.
Therefore, a direction has been given that
the orders passed after 1st July 2014 shall
not be implemented if the said orders relate
to development of lands.

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4It is not the case of the respondents
that any proceedings for review of the order
dated 12thSeptember 2014, have been
initiated. The said order continues to
remain in force.

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5We direct the learned AGP to place on
record the letter dated 21st November 2014 of
the Hon'ble Minister. We direct the Principal
Secretary of Revenue and Forest Department to
file an affidavit for justifying the
directions issued under the said letter dated
21st November 2014. The Principal Secretary
to state as to how the enforcement of the
said binding orders can be stopped, though
the said orders are in force. Such an
affidavit shall be filed on or before 20th
February 2015. The petition shall be listed
high on board on 23rd February 2015.”

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3On 23rd February 2015, time was granted to the
State Government till today.

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4Writ Petition No.1377 of 2015 is filed making a
similar grievance. In this case, the order passed by
the Hon'ble Minister of State is dated 21st August

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2014. By the said order, the State Government
directed that the petitioner shall be permitted to
excavate the sand from the spot at village
Sadalgaon, Taluka Shirur, District Pune for
remainder of the period for which he was permitted
to extract the sand from village Parodi, Taluka
Shirur, District Pune. Even in this case, the
District Collector has not acted upon the said order
notwithstanding the application made by the
petitioner on 19th January 2015.

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5In both the Writ Petitions, the State
Government has filed Civil Applications for
extension of time. A copy of letter dated 21st
November 2014 addressed by the Hon'ble Minister of
Revenue to the Principal Secretary of the Revenue
Department has been annexed. In the said letter,
the Hon'ble Minister has stated that during the
period of four months from 1st July 2014, earlier
Hon'ble Cabinet Ministers and the Ministers of State
have taken several decisions in respect of the lands
at Mumbai, Pune and Thane Districts as regards FSI,
TDR, Change of user, granting permission to transfer
etc. He has stated that he has received complaints
that the said decisions have been taken hurriedly
and erroneously. The Hon'ble Minister therefore,
directed the Principal Secretary of the Revenue
Department that the concerned District Collectors
should be informed that no further action shall be
taken by them on the basis of the administrative
orders as well as quasi judicial orders of the
Hon'ble Ministers of all concerned departments

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without seeking prior permission of the State
Government. The letter records that concerned Local
Authorities shall be informed by the District
Collectors that on the basis of the orders of the
Hon'ble Ministers of the earlier Government to grant
development permissions, even the Local Authorities
shall not take any further steps. The said letter
records that the Hon'ble Minister of Revenue
Department has decided to review all the orders
passed during the period of four months commencing
from 1st July 2014.

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6Today, the affidavits have been filed in both
the petitions by Shri Manukumar Srivastava, the
Principal Secretary, Revenue and Forests Department,
Mantralaya, Mumbai. In paragraph 3 of the
affidavits, the Principal Secretary has referred to
the letter dated 21st November 2014 of the Hon'ble
Minister as well as the letter addressed by him on
29th November 2014 to the District Collectors on the
basis of the said letter of the Hon'ble Minister.
In paragraph 4 of the said affidavits, the Principal
Secretary has stated that the Hon'ble Minister
(Revenue) vide his letter dated 25th February 2015
issued to the said Secretary has informed that he
has withdrawn his earlier letter dated 21st November
2014.

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7The letter dated 21st November 2014 issued by
the Hon'ble Minister (Revenue) records his decision
to review all the orders passed by the Hon'ble
Ministers of the earlier Government in land matters

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in three district during the span of four months
from 1st June 2014. Now, the said letter has been
withdrawn. Hence, the decision of the Hon'ble
Minister of reviewing all such orders recorded in
the letter dated 21stNovember 2014 has been
withdrawn.

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8The learned Government Pleader submits that a
clarification may be issued that in the event any
illegality is found in the orders of the Hon'ble
Ministers, the remedies will remain open.

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9In the first petition, the order passed by the
State Government (Hon'ble Minister of State) is of
12th September 2014. In the second petition, the
order of the State is 21st August 2014. As stated
earlier, the Hon'ble Minister took a decision on 21st
November 2014 to review all the orders passed by the
Hon'ble Ministers of the earlier Government after 1st
July 2014 in relation to the land matters in three
districts. Now the letter dated 21st November 2014
has been withdrawn. From 21st November 2014 till
today, the State Government has found nothing wrong
with the orders in question and therefore, they have
not initiated any proceedings as regards the two
orders subject matter of these two petitions.
Therefore, in our view, no such clarification as
sought by the Government Pleader is required to be
issued.

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10In view of what is stated in the affidavit of
Shri Manukumar Srivastava, now there is no option

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but to implement the orders subject matters of these
petitions. In these petitions, the issue of the
legality and validity of the orders passed by the
State Government of which implementation is sought
does not arise and therefore, we are not making any
adjudication on the issue of legality and validity
of the said orders.

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11Accordingly, we dispose of the petitions by
passing the following order:

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(I) In Writ Petition No.1376 of 2015, we direct the respondent No.2 to issue appropriate orders on the basis of the order dated 12^th September 2014 passed by the State Government (Exhibit-C to the petition) as expeditiously as possible and in any event within a period of eight weeks from today;

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(II) In Writ Petition No.1377 of 2015, we direct the respondent No.2 to implement the order dated 21^st August 2014 (Exhibit 'C' to the Petition) passed by the State Government as expeditiously as possible and in any event, within a period of eight weeks from today;

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(III) As observed earlier, we have expressed no opinion on the legality and validity of the orders passed by the State Government of which implementation is sought by way of these two petitions;

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(IV) Civil Application Nos.517 and 518 of 2015 do not survive and the same are disposed of;

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(V) All concerned to act upon an authenticated

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copy of this order;

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(VI)At this stage, the learned Government Pleader
states that on the basis of the communication
dated 21st November 2014 issued by the
Hon'ble Minister of Revenue Department, in
some other cases, notices for review have
been issued. It is obvious that the
directions issued under this order will
remain confined only to the orders which are
subject matter of these two petitions.

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(A.K.MENON,J.)

Shri. Virdhaval Krushnarao Jagdale v. the State of Maharashtra and Ors.

Case brief

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Shri. Virdhaval Krushnarao Jagdale v. the State of Maharashtra and Ors.

Case brief

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