Bombay High Court
Grampanchayat Karajgaon Through Its ... vs The State Of Maharashtra Through Its ... on 5 August, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:17639-DB
8234.24wp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
60 WRIT PETITION NO. 8234 OF 2024
GRAMPANCHAYAT KARAJGAON THROUGH ITS
SARPANCH GANESH DIGAMBAR KOTKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS
SECRETARY AND OTHERS
....
Mr R. R. Karpe, Advocate for Petitioner
Mr A. B. Girase, G.P. for Respondent Nos.1 to 6
Mr H. U. Dhage, Advocate h/f Mr V. V. Tarde, Advocate for
Respondent No.7
CORAM : RAVINDRA V. GHUGE
AND
Y. G. KHOBRAGADE, JJ.
DATE : 5th August, 2024 PER COURT:
1. After hearing the extensive submissions of the learned Advocates for the litigating sides, we have perused the order passed by this Court dated 02/11/2023, in somewhat identically Petitions i.e. in Writ Petition No.9416/2023 (Grampanchayat Suregoan and others Vs. State of Maharashtra and others) 8234.24wp (2)
2. We are informed by the learned Government Pleader on instructions that the exercise undertaken is only for de-silting with the use of dredgers, for the purpose of deepening the river bed in order to increase it's capacity. While carrying out such de-
silting activities, the quantity of sand will also get excavated along with alluvion soil. Such de-silting with the help of equipments, including dredgers, would be done with the prior permission of the Revenue Authorities.
3. For the sake of clarity, we are reproducing paragraph Nos.4 to 11 of the order dated 02/11/2023 (supra), hereunder :-
"4. By an order dated 10.07.2023, the District Collector, Ahmednagar has set out the contours of the de-silting activity. The Surveyor's assessment is also taken into consideration for the purposes of quantifying the quantity of the de-silted material, of course in approximation. The river bed at issue falls in Suregaon-1 and Suregaon- 2 villages from Taluka Kopargaon. The terms and conditions (10) are also set out and Respondent No.6 Contractor has been bound by the said terms and conditions.
5. We are informed by the learned Special counsel on instructions that it is the Disaster Management Act under which the de- silting activity is carried out. The places are identified for the purposes of the de-silting. A specific methodology is used with technical assistance for support to 8234.24wp (3) identify the places where the water storage has decreased on account of accumulation of the silt. If the river bed storage becomes shallow on account of excessive accumulation of silt, the Disaster Management recognizes the possibility of flooding of the river and damage to the embankment of the rivers on either sides. With this specific objective in focus, the Disaster Management Committee comprising of almost 54 revenue authorities as well as those from the Medical Department and Animal Husbandry Department, proceeded to initiate steps for the de-silting activity.
6. The learned Advocate representing the Contractor submits that entire de-silting activity and transporting the de-silted material to a particular depot, is carried out under the permission of the revenue authority, and is under CCTV surveillance (recorded). He further submits that the Contractor is bound by the terms and conditions of the E- tender and would resort to an activity purely for de-silting purposes. The machinery approved to be utilized for the said purpose would not enter the dry areas. An assurance is given that besides the de-silting activity, the machinery permitted to be utilized would not be pressed into service.
7. As we are informed that the Contractor is bound to submit a weekly report to the revenue authorities, we direct the District Collector to monitor the said situation/reports and ensure that a quarterly report on such de-silting activity to the extent of the issue raised in this Petition, would be tendered to the Court alongwith the comments of the District Collector.
8. Considering the above, this Petition is disposed off. The ad interim order stands vacated.
8234.24wp (4)
9. It be noted that we have not dealt with the issue of the locus of the Petitioner/s to file this Writ Petition.
10. The Civil Application would not survive and stands disposed off.
11. In the event, the Petitioners or the Villagers draw an impression that impermissible activities are undertaken by the contractor under the pretext of de-silting, they would be at liberty to immediately bring this aspect to the notice of the District Collector and seek his indulgence. If they find that there is any delayed response to their request, they would be at liberty to approach this court."
4. With same terms and conditions as imposed by the order dated 02/11/2023 and with the same liberty as is made available to the Gram Panchayat in paragraph No.11, reproduced above, this Writ Petition is disposed off.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk