1 cawst.3522.10.sxw ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO. 3522 OF 2010 IN WRIT PETITION NO. 3264 OF 2009 Ramkrishna V. Khot and ors. ... PETITIONERS Vs. The State of Maharashtra, through its Revenue and Forest Department and ors. ... RESPONDENTS And Anant Shivaji Naik and anr. ... APPLICANTS -------- Mr. N.V. Walawalkar, Senior Counsel, a/w Mr. S.M. Sabrad for original Petitioners. Mr. A.I.I. Patel, AGP for Respondent Nos. 1 to 4. Mr. S.M. Oak i/b Sagar Joshi for Applicants. -------- CORAM : D.D. SINHA and A.A. SAYED, JJ. DATE : 26 th February, 2010. P.C. Heard the learned counsel for the Petitioners, the learned AGP for the Respondent Nos.1 to 4 and the learned counsel for the Applicants. 1 The Civil Application (stamp) No. 3522 of 2010 is filed by the Applicants for seeking leave to intervene. Civil Application is allowed. 2 cawst.3522.10.sxw 2 The counsel for the Applicants has submitted that the grievance of the Petitioners is in respect of the site Item/Serial No. 434 to 439 in auction notice dated 13 th January, 2010. It is contended that these are the sites situated at village Sarambal. It is submitted that so far as these sites are concerned, there is no recommendation forwarded by Gram Sabha and therefore, as per the policy of Government, the Collector should not have auctioned these sites. 3 We have considered the rival contentions canvassed by the respective parties and perused the orders passed by this Court from time to time. In the backdrop of the above referred facts and circumstances, it appears that the Writ Petition No. 3264 of 2009 was filed by the Petitioners for redressal of their grievance in respect of unauthorized, illegal excavation of sands by the contractors, which was causing problems to the banks of the rivers, villagers and creating other problems. It is brought to our notice that this Court vide order dated 31 st August, 2009 directed not to auction any of the sites in Karli river until further orders from this Court. On 07 th October, 2009, rule was issued and the direction not to auction any of the sites was continued. Vide order dated 15 th December, 2009, this Court permitted the Collector to go ahead with the process of auction in respect of the sites other than sites, which are subject matter of this Petition with the rider that bids may not be confirmed without seeking permission of this Court. It is therefore evident 3 cawst.3522.10.sxw that the Collector was permitted to go ahead with the process of auction except in respect of the sites involved in the writ petition. 4 The anxiety of the Petitioners that the policy reflected in the Government Circular dated 04 th August, 2009 as well as the letter referred therein dated 16 th September, 2008 must be strictly implemented while conducting auction or at the time of finalizing the same appears to be in the larger interest of the society. The Collector has filed an affidavit wherein a specific statement has been made, which is already referred hereinabove and made it clear that while conducting auction or at the time of finalizing the auction proceedings, the policy of the State Government reflected in the Circular dated 04 th August, 2009 shall be followed strictly. In fact, the learned AGP has made a statement that only such sites will be put to auction or those are already put to auction will be finalized in respect of which the Collector has received recommendation/ no objection from the concerned Gram Sabha. The learned AGP has further stated that so far as sites of the Petitioners are concerned, even if they are mentioned in the auction notice dated 13 th January, 2010 they will not be auctioned at this stage. The learned AGP has further submitted that so far as Interveners in Intervention Application (Stamp) No. 3522 of 2010 are concerned, if the concerned Gram Sabha has not recommended this site, this aspect will be considered strictly in accordance with the policy reflected in Circular dated 04 th August, 2009 4 cawst.3522.10.sxw as well as any other existing policy applicable in this regard and appropriate decision shall be taken accordingly. 5 Taking into consideration the overall view of the matter, we are of the view that the Applicants have made a case for modification of the order dated 07 th October, 2009 and therefore we dispose of the Civil Application (Stamp) No. 3522 of 2010 for modification by passing the following order. I. The Collector is directed to finalize the bids submitted by the Applicants in accordance with law, as per the policy of the Government and in view of the statement made by the learned AGP reflected in this order and also as per the observations made by us in the order. II. The order dated 07 th October, 2009 stands modified to that extent only. [ D.D. SINHA, J ] [ A.A. SAYED, J ]