The High Court disposed of the PIL directed for illegal sand excavation by ordering the District Collector to make a discreet inquiry into the matter and take final action within two months.
Direction to the Collector to make a discreet inquiry and take final action within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PILST 18846-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST) NO. 18846 OF 2016
Sharad Vithal Koli .. Petitioner V/s
The Collector, Dist. Solapur & Ors.
.. Respondents
Mr. M.A. Choudhari for the petitioner. Mr. P.P. Kakade, AGP for respondent nos.1 to 9.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 26th OCTOBER 2016
P.C.:
The issue pertains to excavation of sand at river Bhima by the party respondent no.10. The petitioner, a farmer having only 7th standard education, is complaining the excavation of sand as beyond the permissible limits sanctioned by the District Collector. According to the petitioner, by using suction pumps, bores and other machinery, which are not permissible, more than the permissible limits of sand is excavated by the party respondent to the knowledge of the persons who have to keep an eye on the activity of excavation of sand, therefore there has to be directions as sought in the writ petition against the respondents. The petitioner has sought the following reliefs:
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proceedings against all government officers / private persons involved in illegal and unauthorised excavation of the sand pursuant to the order dated 11.12.2015 passed by respondent no.1 Collector at composite sathas at Aarli – Telegaon, Dist. Solapur at Bhima river.
(e) Pending the hearing and final disposal of this present petition by an appropriate order and/or direction from this Hon'ble Court, Chief Secretary, State of Maharashtra kindly be directed to assess the damages/losses caused to the government treasury due to illegal and unauthrosied excavation of sand in connivance with government officers and private persons at composite sathas at Aarli – Talegaon, Dist. Solapur at Bhima river through independent experts / agency which deems fit and proper to this Hon'ble Court and necessary process be initiated to recover said damages from the pocket of government officers / private persons those are responsible and/or involved in it.
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(M.S. SONAK, J.) CHIEF JUSTICE
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1 issue framed by the court
Whether the allegations regarding illegal sand excavation at river Bhima require a detailed inquiry and appropriate action.
Sharad Vithal Koli
The Collector, Dist. Solapur
DR. MANJULA CHELLUR
M.S. SONAK
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
