SANDEEP SAMBHAJI PHARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The claim of the petitioner for refund of the amount deposited at the time of getting the sand spot in auction is rejected.

(2.) Mr. Hon, learned senior counsel for the petitioner contends that in auction the petitioner was allotted the sand spot at village Sangavi Dumala, Taluka Shrigonda for an amount of Rs.90,10,906/-. The said amount is deposited by the petitioner upon acceptance of his tender on or about 01.02.2017. On or about 28.02.2017, the agreement was entered into between the petitioner and the Collector, Ahmednagar. On or about 28.02.2017 the petitioner filed an application to the Collector seeking permission to excavate the sand by suction pump. The said permission was granted by the Collector on 30.03.2017. However, under the order dated 22.04.2017 the permission was withdrawn.

(3.) According to the learned senior counsel, the petitioner could not excavate and transport the sand. The permission to excavate the sand by suction pump was withdrawn by the Collector pursuant to the order of the National Green Tribunal. The learned counsel submits that, as there was water at the river bed, the excavation of the sand manually was not possible. Considering the said aspect, the Collector had granted permission. The petitioner thereafter gave back the possession of the sand spot in May-2017. The Clause in the agreement permits refund of the amount, if the excavation is not permissible pursuant to the orders of the Court. The respondents be directed to refund the amount.