MONTECARLO LTD. IRON TRIANGLE (JOINT VENTURE) THROUGH ITS AUTHORIZED OFFICER Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-9-15
HIGH COURT OF BOMBAY
Decided on September 08,2021

Montecarlo Ltd. Iron Triangle (Joint Venture) Through Its Authorized Officer Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

MANGESH S.PATIL, J. - (1.) Heard. Rule. The Rule is made returnable forthwith. The learned AGP and the learned advocate for the contesting respondent waive service. At the request of both the sides all these three petitions are heard finally at the stage of admission.
(2.) The petitioner in all these Writ Petitions is a company which has been allotted work of construction of different segments of Mumbai - Nagpur Express High Way popularly known as "Samruddhi Mahamarg ". The respondent Maharashtra State Road Corporation Limited is the Nodal Agency appointed by the Government for completing the project. In order to complete the project for the purpose of excavation of sand/murum/stone it entered into agreement with private persons. It applied for necessary permissions to the Collector for excavation and pursuant to the permission granted the work of excavation was undertaken.
(3.) It appears that the intervener who is an Ex-MLA of Badnapur filed a complaint alleging about rampant misuse of the permission granted to the petitioner company. He alleged that excess quantity was excavated and in some cases the excavation was undertaken even without any permission. It appears that pursuant to such grievance a committee was appointed by the Additional Collector which submitted a report by undertaking ETS measurement and in its report gave details about the illegal/unauthorized excavation and the quantity of the sand/murum/stone excavated in excess and illegally.;


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