GRAMPANCHAYAT AMBEGAON TALUKA MULSHI, DISTRICT PUNE THROUGH SARPANCH DATTATRAY MARUTI MARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. With the consent of the parties, the Petition is taken up for final disposal at the admission stage.

(2.) The PetitionerVillage Panchayat, Ambegaon Tal. Mulshi, District Pune has approached this Court with a request to issue writ of certiorari or any other writ or direction in the nature of writ of certiorari for quashing and setting aside the order passed by the Secretary and Officer on Special Duty (Appeals), Revenue and Forest Department, dated 24th December 2014, thereby quashing and setting aside the order passed by the Additional Collector, Pune dated 30th June 2014. The Petitioner is also praying for issuance of direction to the Respondents for quashment of the recommendation made by the State Level Expert Appraisal Committee in its 75th Meeting dated 14/15 March 2014 and also for setting aside the impugned Environmental Clearance dated 1st January 2015, issued by the State Level Environment Impact Assessment Authority.

(3.) The grievance relates to the grant of mining permission on 7th May 2010 in favour of Respondent No.5 for conducting mining activity in the private land bearing Gat Nos. 498, 499, 500, 501, 502, 503, 504, 505 and 510 situate at Village Bhilarewadi, Taluka Mulshi, District Pune. The total area of the property is stated to be 9 Hectares and 73 Ares. The property belongs to Respondent No.5Babanrao Dattatraya Bhilare. On consideration of an application tendered by Respondent No.5 on 7th May 2010, the Additional Collector was pleased to grant permission for conducting mining activities for a period of 10 years. At the relevant time, the village Panchayat was pleased to adopt the resolution on 26th February 2008, granting no objection in favour of Respondent No.5 on fulfillment of certain conditions. According to the Petitioner, since the terms and conditions have not been satisfied, the resolution adopted by the village Panchayat earlier, was revoked and the NOC and the consent granted earlier, came to be terminated on 26th January 2014. A complaint was made by the Petitioner to the Regional Officer, Maharashtra Pollution Control Board on 24th February 2014, alleging that the activities of Respondent No.5 are creating harmful impact on the environment. Similar complaint was also made to the Tahasildar, Taluka Mulshi on 25th November 2011 and 15th March 2012. The Additional Collector was pleased to grant stay to the permission accorded earlier in favour of Respondent No. 5 and directed him to stop the work by an order dated 24th March 2014. Respondent No.5 preferred a revision challenging the order passed by the Collector. The Revisional Authority stayed the order passed by the Collector and directed him to dispose of the application tendered by the Petitioner on its own merit. The Additional Collector passed the final order on 30th June 2014. The Additional Collector was pleased to direct the cancellation of mining lease granted in favour of Respondent No.5 on 7th May 2010 and further directed that no excavation of Minor Minerals, such as stone and murum, should be done. Aggrieved by the order passed by the Additional Collector, Respondent No.5 approached the Additional Commissioner by preferring an Appeal. However, the Appeal came to be disposed of by the Additional Commissioner, holding that, he does not have jurisdiction to entertain the Appeal. Respondent No.5, aggrieved by the Judgment and order passed by the Additional Commissioner, approached the State Government by preferring a Revision Application seeking stay to the order passed by the Additional Collector. The Hon'ble Minister, by an order dated 9th September 2014, was pleased to stay the order passed by the Additional Commissioner.