EKNATH SHANKAR TUPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Savant, learned Advocate for Petitioners and Ms. Nadkarni, learned AGP for Respondent Nos.1 to 4.

(2.) The present Petition impugns order dtd. 8/1/2024 passed by learned Additional Collector, Pune whereby RTS Appeal No. 867 of 2022 filed by Petitioners under Sec. 48(7) of the Maharashtra Land Revenue Code, 1966 (for short 'MLR Code') came to be dismissed. The dispute pertains to alleged extraction / excavation of earth undertaken for laying the foundation of the Building and consequential levy of Royalty and penalty charges on Petitioner.

(3.) Mr. Savant, learned Advocate for Petitioners would submit that the plot in question is ancestral property of Shri Eknath Shankar Tupe and his other family members, who executed registered Development Agreement and Power of Attorney in favour of M/s. Karia Realty to undertake development therein. He would submit that after obtaining requisite sanctions, construction commenced and excavation was carried out for laying the building foundation. He would submit that excavated material being ordinary earth was redeployed and reutilised on-site and no portion thereof was transported or sold.