Public Interest Litigation regarding opposition to sand excavation in Gunj village. The Court disposed of the matter noting a recent Government Resolution requiring Gramsabha approval for sand spots. Authorities stated they would not proceed with excavation.
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.
120.18pil
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.120 OF 2018
| 1. | Narayan Vishwanathrao Tangade, Age: 44 years, Occu: Agri., R/o At Post Gunj (Kh.), Tq. Pathri, Dist. Parbhani |
|---|---|
| 2. | Santoshkumar Uttamrao Deshmukh, Age: 43 years, Occu: Agri., R/o At Post Gunj (Kh.), Tq. Pathri, Dist. Parbhani |
| 3. | Umesh Shamrao Deshmukh, Age: 41 years, Occu: Agri., R/o At Post Gunj (Kh.), Tq. Pathri, Dist. Parbhani ..PETITIONERS |
| VERSUS | |
| 1. | The State of Maharashtra, Through the Secretary for Revenue and Forest Department, Mantralaya, Mumbai-32 |
| 2. | The Collector, Collector Office, Parbhani, Dist. Parbhani |
| 3. | The Sub Divisional Officer, Selu, Tq. Selu, Dist. Parbhani |
| 4. | The Tahsildar, Pathri, Tq. Pathri, Dist. Parbhani |
| 5. | The Grampanchayat, Gunj (Kh.), Tq. Pathri, Dist. Parbhani, Through its Sarpanch ..RESPONDENTS |
| Mr G. | K. Thigle Naik, Advocate holding for Ms Y. S. Digraskar, Advocate |
| for pe | titioners; |
| Mr S. | Y. Mahajan, A.G.P. for respondents/State |
120.18pil
(2)
CORAM : PRASANNA B. VARALE AND
MANISH PITALE, JJ.
DATE : 8th October, 2018
ORAL ORDER:
Heard Mr Thigle, learned Counsel appearing on behalf of the petitioners.
(3)
120.18pil
submitted that certain policy is framed by way of the Government Resolution dated 3rd January, 2018 and as per sub clause (8) of Clause (3) of the said Government Resolution, if the Gramsabha is not inclined to grant 'no objection' for sand excavation, in that case, sand spots could not be put to auction. Learned Asstt. Govt. Pleader submitted that as the Resolution is passed by the Gramsabha, Gunj, Tq. Pathri, Dist. Parbhani, the State authorities would not proceed for any activity of sand excavation.
(MANISH PITALE, J.) (PRASANNA B. VARALE, J.)
sjk
2 issues framed by the court
Whether the village Gramsabha resolution opposesining sand excavation binds the state authorities
Whether a government resolution prevents auction of sand spots if Gramsabha gives no objection
Narayan Vishwanathrao Tangade
Santoshkumar Uttamrao Deshmukh
Umesh Shamrao Deshmukh
State of Maharashtra
Collector
Sub Divisional Officer
Prashanna B. Varale
Manish Pitale
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
