Disposed

Bhika Ramdas Koli and Another v. the State of Maharashtra and Others

Bombay HC21 Dec 2016PIL/160/2016

Case brief

AI extract

What is this about?

Villagers objected to sand block allotment for ecological reasons via Gramsabha resolution. The High Court directed the State to consider objections and issue directions via the Minister Level sub-committee within two weeks representing within seven days, barring allotment to successful bidders in the villages, while auction proceeds.

What did the court decide?

Petitioners directed to approach Minister Level sub-committee within 7 days; allotment in villages stayed pending decision; auction may continue.

Bhika Ramdas Koli and Another Vs the State of… — Environment and Pollution | Bombay HC (2016)

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PIL 160.16.odt

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{1}

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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PUBLIC INTEREST LITIGATIOIN NO.160 OF 2016

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Bhika S/o Ramdas Koli and another Petitioners Versus The State of Maharashtra and others Respondents

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Mr. R.H. Mewara advocate for the petitioners Mr.A.B. Girase Government Pleader for Respondent Nos.1 to 6

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_______________ CORAM : R.M. BORDE & SANGITRAO S. PATIL, JJ

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(Date : 21st December, 2016.)

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PER COURT :-

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1 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.

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2 Clause 17 of the Government Policy drawn on 12.3.2013 provides for remedy of making grievance to the Minister Level

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{2} PIL 160.16.odt

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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.

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3 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.

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

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

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vbd

Bhika Ramdas Koli and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Bhika Ramdas Koli and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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