PINGLE BUILDERS PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was allotted a work for, "provision of certain work, services for additional infrastructure at KK Range (AF), Ahmednagar, vide work order dtd. 2/5/2012 issued by the Garrison Engineer (hereinafter referred to as "GE", Military Engineer Services, Ahmednagar. The GE had made correspondence with Collector, Ahmednagar requesting to provide sand spots for excavation of sand for execution of the said work. Vide letter dtd. 14/3/2013, six sand spots were allotted for the work. Pursuant thereto, following orders were issued allotting sand spots to the petitioner, without auction, for execution of the aforesaid work :-

(2.) In the Gram Sabha of village Kendal (Bk) resolutions were passed on 3/4/2013 and 4/6/2013, whereby it was decided that mining/excavation of sand should not be allowed due to drought like situation and adverse environmental effect. The first resolution dtd. 3/4/2013 pertains to village Aradgaon. The second resolution dtd. 4/6/2013 records that excavation/mining of sand was already done at the sand deposit located within the limits of Gram Panchayat, Kendal (Bk) upto village Aradgaon, further excavation should not be allowed. The Gram Panchayat had also made correspondence with Tahsildar in this regard.

(3.) In this backdrop, the petitioner issued a communication dtd. 21/6/2013 to the Collector, Ahmednagar intimating that due to difficulty in making a provision for approach road, the mining/excavation of sand at sand spot nos.1 and 3 in village Chikalthan was not commenced by the petitioner. The petitioner informed that it had purchased private lands in order to make provision for approach road and intending to start the work of mining/excavation within a period of 4-5 days from the date of issuance of communication dtd. 21/6/2013. The petitioner also informed that work of illegal mining of sand was going on at the sand spots and despite the complaints to the Tahsildar, no action was being taken. In this communication dtd. 21/6/2013, there is no reference to any adverse resolution by the Gram Panchayat or any act of obstruction by villagers.