1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 104 OF 2008 IN APPEAL FROM ORDER NO. 874 OF 2007 M/s. Aditya Constructions.......Applicant. versus State of Maharashtra & ors......... Respondents. Mr. G.S. Godbole for the Applicant Mrs. S. P. Manchekar AGP for the Respondent No.1. CORAM; A.P. DESHPANDE, J. DATED; 27TH AUGUST, 2008. P.C.: 1. Heard the learned counsel for the applicant so also the AGP for State. By the present application a limited porayer is made seeking permission to remove excavated material dug out from the plinth area of the site of the applicant situated at Survey no.109 and 110 of Village Warje, Taluka Haveli, District pune. It is submitted that excess excavated material is lying on the site. According to the applicant some material has already been usedfor refilling of the foundation of the plot of land and the 2 excess has to be removed from the site for disposal. The learned counsel for the respondent submits that the applicant may be permitted to so remove the excess excavated material subject to the measurement to be carried out by an officer of the State before the material is removed from the site. She submits that the applicant should indicate Tahasildar of Taluka Haveli, four days in advance about their intention to remove the excess excavated material so that appropriate measurement is available with the Government. 2. In the result, Civil Application is allowed in terms of prayer clause (a) subject to the condition that the applicant shall intimate Tahasildar, Taluka Haveli four days in advance about their schedule of removal of excess excavated material from the site so that the alleged minor mineral could be measured before its removal. Application is thus disposed of. (A.P. DESHPANDE, J.)