S. V. Gangapurwala, J.

All these matters are based on similar set of facts and assail the same clauses of Government Resolution dated 04. 05. 2017. To avoid rigmarole, all these matters are decided by common judgment.

2. The petitioners in Writ Petition No. 10311 of 2017 and Writ Petition No. 11435 of 2017 claim to be in the business of excavating mines and minerals, such as sand from the river beds and dams. The petitioners in P. I. L. No. 78 of 2017 claim to be engaged in social work and agriculture and according to them, they raise issues of public interest.

3. The petitioners in Writ Petition No. 10311 of 2017 assail clause No. 6 of the Government Resolution dated 04. 05. 2017 and the petitioners in P. I. L. No. 78 of 2017 assail clause Nos. 3 and 6 of the Government Resolution dated 04. 05. 2017 issued by the Government of Maharashtra Water Resource Department, Mantralaya, Mumbai.

4. Under the Government Resolution dated 04th May, 2017, the Government has framed policy for desilting the sand and the mud from the major dams in the State of Maharashtra. The policy envisaged in the said Government resolution deals with the manner in which the desiltation process should be undertaken, the allotment of work by tenders, manner of allotment of tender and the disposal of the mud and the sand.

5. Mr. Dhorde and Mr. Hon, the learned senior advocates for petitioners eruditely canvassed their submissions. The gravamen of the submissions is :

a. While issuing tender the upset price is not fixed.

b. The tender is allotted for a long duration of fifteen years.

c. The marking system while scrutinizing the tender is predominantly to favour one party. The marking system adopted in the said Government Resolution is arbitrary and irrational.

d. Environmental clearance is not obtained.

6. The learned senior advocates to buttress their submissions submit that, initially on or about 13. 03. 2012, the State Government without undertaking tender process directly issued work of excavation of sand and silt in favour of M/s. Mahalaxmi Industrial Manufacturing Cooperative Society Ltd. Naveli, Tq. Palghar. The P. I. L. No. 143 of 2012 was filed at the principal seat at Bombay challenging the allotment of work in favour of said society. On 02. 11. 2012, the Court passed interim order directing the parties to maintain status quo and the work of excavation was stopped. On 13. 03. 2012, the Hon'ble Minister for Revenue quashed and set aside the order of allotment of work in favour of M/s. Mahalaxmi Industrial Manufacturing Cooperative Society Ltd. Thereafter on 09. 09. 2014, the Revenue and Forest Department framed a policy for desilting of reservoirs. As per the policy framed under G. R. dated 09. 09. 2014, the period of contract was fixed for one year. The clause 4 of the G. R. dated 09. 09. 2014 prescribes fixing the upset price before issuance of tender. Clause 6 of the said G. R. provides to take no objection certificate of concerned department before auction and clause 8 prescribes environmental clearance. In view of the policy dated 09. 09. 2014, the Court disposed of the Public Interest Litigation by observing that, the State Government during the pendency of petition has framed fresh policy regarding desilting of reservoirs, awarding of contract of desilting of the reservoirs will have to be done in accordance with the said policy as may be revised from time to time.

7. According to the learned senior counsel, in view of the observation of this Court in its order dated 11th April, 2016 while disposing of the P. I. L. No. 143 of 2012 that awarding of contract of desilting of reservoir will have to be done in accordance with the said policy that is the policy framed on 09. 09. 2014, the respondents now without the permission of the Court could not have framed a fresh policy as per G. R. dated 04. 05. 2017.

8. The learned senior counsel further contend that, the G. R. dated 09. 09. 2014 was issued by the Revenue and Forest Department and the present G