VILLAGE PANCHAYAT, GANDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.

(2.) This Petition is filed with the following prayers :-

(3.) Learned counsel appearing for the petitioner submits that, village Gandhari is situate on the bank of Godavari river in Ambad Taluka. The E-tender notice was issued on 15th December, 2017, by which the said village is listed for sand excavation. At the time of inserting the name of the said village in an auction/E-tender of sand, the will of majority is not considered, and only to get the revenue, the petitioner's village is included in the auction/ E-tender. Gram Sabha has passed the resolution opposing the sand excavation from the river bed situate in the said village. It is specifically mentioned that, if such excavation of sand is taken place, it would create problems for drinking water and irrigation purposes, and majority of the persons, who are dependent upon the agricultural land, would also ultimately suffer. Gram Sabha was arranged on 25th October, 2017 and after discussion, the resolution was passed. Learned counsel appearing for the petitioner invites our attention to the copy of the said Resolution (Exhibit-C/Page 35) and submits that, the Government of Maharashtra, after passing the order dated 18th April, 1998 in Writ Petition No. 637 of 1997 and after considering that, there was a consistent flow of Writ Petitions and Public Interest Litigation filed by various Village Panchayat, Sugar Factories, Irrigation Societies and Co-operative Societies, had taken a policy decision and framed the scheme to deal with matters relating to auction of sand from the river bed. The said scheme was brought into force from 5th September, 2003 to deal with all matters concerning auction of sand and other ancillary and incidental issues arising therefrom. Thereafter, the said Government Resolution dated 5th September, 2003 is amended and Respondent No. 2 State has framed new policy for auction of the sand and excavation of the sand. Accordingly, the State of Maharashtra has issued new Government Resolution dated 25. 10. 2010, thereby framing new policy for auction of the sand. However, again the said policy is changed by introducing the recent Government Resolution dated 12th March, 201 As per condition No. 3, the recommendation of the Gram Sabha is made mandatory before auction of the sand of any particular village. However, as per Condition No. 3(e) of the said Government Resolution dated 12th March, 2013, if Gram Sabha opposes for auction of sand spot, then the power is given to the Sub-Divisional Officer to decide the objections and to take decision on it and to put said sand spot in auction or not. It is also stated that, officers of Ground Water Survey Department and other Officer should take part in the said meeting and to decide about recommendation for the auction of that sand spot. Here, it is to be considered that, if the powers are given to the Sub-Divisional Officer for final decision then there is no value of the Gram Sabha.