Altaf Ahmad v. the State of Maharashtra, Thr. Secretary, Dept. of Revenue and Forest, Mumbai and Others

Bombay HC20 Dec 2024WP/7379/2024

Case brief

AI extract

What is this about?

Challenges permission granted for removal of sand from inundated agricultural fields under a Government Resolution permitting removal to restore cultivability. The court prima facie found the permission contrary to the Resolution's purpose and stayed its operation pending final disposal.

What did the court decide?

Ad interim stay on the operation of the order dated 12.12.2024; no excavation permitted till 06.01.2025.

Altaf Ahmad vs the State of Maharashtra, Thr… — Mining and Natural Resources | Bombay HC (2024)

¶1

1 9.WP.7379-2024.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

¶3

WRIT PETITION NO. 7379 OF 2024

¶4

( Altaf Ahmad Vs. State of Maharashtra & Ors. )

¶5

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

¶6

Mr. A.S. Manohar, Advocate for the Petitioner. Mrs. S.S. Jachak, Addl.GP for the Respondent Nos. 1 & 2/State. Mrs. R.N. Bhondwe, Advocate for the Respondent No.3.

¶7

CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

¶8

DATED : 20^th DECEMBER, 2024

¶9

Heard.

¶10

2 . The Petition questions the permission dated 12.12.2024 granted by the Respondent No.2 for removal of sand from the agricultural fields on account of inundation, which is claimed to be in the terms of the Policy dated 15.03.2024 (page 34), which permits an agriculturalist whose land is inundated, to remove the sand so as to make it again cultivable.

¶11

3 . Mr. Manohar, learned Counsel for the Petitioner, invites our attention to the impugned order dated 12.12.2024 (page 84), which is on an application claimed to be filed by one Mohammad Munnawar Rizwi on behalf of one Iftekar Ahmad Mohammad Nawab and 12 other persons dated 17.10.2023 (page 36). The application does not indicate, that the purpose of excavation of the sand accumulated due to

¶12

2 9.WP.7379-2024.odt

¶13

inundation is with the intention to make the agricultural land cultivable, which is the purpose and import of the Government Resolution dated 15.03.2024.

¶14

4 . The impugned order dated 12.12.2024, also does not indicate, that this is the condition imposed, for the purpose of grant of such permission, in view of which, we prima-facie find that the impugned order dated 12.12.2024, is contrary to the object and purpose of the Government Resolution dated 15.03.2024.

¶15

5 . Issue notice for final disposal to the Respondents, returnable on 06.01.2025 .

¶16

6 . Mrs. Jachak, learned Addl.GP waives notice for the Respondent Nos.1 and 2/State.

¶17

7 . Mrs. Bhondwe, learned Counsel waives notice for the Respondent No.3.

¶18

8 . Till the returnable date, there shall be ad interim stay to the effect and operation of the impugned order dated 12.12.2024 and no excavation of any nature shall be permissible to be done from the aforesaid land.

¶19

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

¶20

SD. Bhimte

¶21

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 20/12/2024 19:25:20

Altaf Ahmad v. the State of Maharashtra, Thr. Secretary, Dept. of Revenue and Forest, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Altaf Ahmad v. the State of Maharashtra, Thr. Secretary, Dept. of Revenue and Forest, Mumbai and Others

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

All orders in this case

Similar cases

Yashwant Vitthalrao Patil vs State of Maha., Thr. Secretary, Department of Higher and Technical Education, Mumbai and Ors.

Matsya Yojna Sahakari Sanstha Maryadit, Umred, Thr. Secretary, Ashok M. Chacharkar vs State of Maharashtra, Thr. the Regional Dy. Commissioner for Fisheries, Nagpur Region and Ors.

Maxland Builders and Developers Thr. Partner, Pankaj Nilkanthrao Bhanuse vs Govt. of Maha., Thr. Honble District Dy. Registrar Co-Op. Societies, Nagpur and Ors.

Raju S/O Chindjui Kukde and Another vs State of Maharashtra, Thr. Secretary, Ministry of Cooperation, Mumbai and Ors.

Shravan S/O Suryabhan Pawar and Another vs Rajlaxmi Multistate Credit Co-Op. Society Ltd., Yavatmal, Thr. Auth. Person, Vijay N. Hazare

Pralhad S/O. Shamraoji Dhote vs State of Maha., Thr. Secy., Social Justice and Special Assistance Dept., Mumbai and Ors.