Compliance with government regulations and the use of permissible methods for sand excavation are essential, and refusal to do so may result in the dismissal of claims for refunds.

JUDGMENT :

Ravindra V. Ghuge, J.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. By this Petition, the petitioner has put-forth prayer clause B, as under :

(B) To issue directions to the respondents to return the amount of Rs.40,95,195/- and 6,19,668/- deposited with the Tahsildar to the petitioner within one week with the interest at the rate of 18% p.a. from the date of deposit for the Sand Spot of Village Wangi, Tq. Shrirampur, Dist. Ahmednagar or extend the period of contract, by issuing writ of mandamus or any other writ of like nature.

3. The contention of the petitioner is that he has a sand supplying agency. He transfers and sells sand. The Government Notification inviting the tenders for excavation of sand in Ahmednagr District was published for the financial year 2016-17. The petitioner participated in the auction sale for the sand spot at village Wangi Khurd for excavating 1031 brass of sand, held on 22-2-2017. The petitioner was the highest bidder. He deposited 1/4th of the amount on 27-2-2017. He tried to deposit the remainder (3/4th) amount which was refused by the respondents on 2-3-2017. The petitioner, therefore, filed Writ Petition No. 3081 of 2017 for challenging the said action and the same was allowed by order dated 30-3-2017.

4. The possession of the sand spot was handed over to the petitioner by panchanama dated 20-4-2017. The tenure of the excavation activity was 31-3-2017 till 30-9-2017.

5. In the earlier Writ Petition No. 3081 of 2017 filed by the petitioner, an entity by name M/s K. B. Mobile had moved an application for intervention for opposing the allotment of the sand spot to the petitioner. His Civil Application was rejected. This M/s K.B. Mobile filed Special Leave Petition (Civil) No. 7565 of 2017 before the Hon’ble Apex Court and by its order dated 11-4-2017, ‘status quo’ was ordered. The National Green Tribunal, New Delhi, by that time, had passed order on 19-4-2017 prohibiting the Government of Maharashtra for allowing the excavation of sand with the use of ‘suction pump’. On 8-8-2017, the Special Leave Petition filed by M/s K. B. Mobile was dismissed.

6. The petitioner had applied to the Tahsildar, Shrirampur for permission to use a suction pump on 1-4-2017. The Tahsildar recommended to the District Collector, Ahmednagar, recommending grant of permission to use of suction pump. The communication of the Tahsildar indicates that on 6-4-2017, the area of sand excavation was measured and by putting a specific mark/nishani, the sand was handed over to the petitioner. However, the said communication also indicates that the petitioner had applied for permission to use the suction pump vide application dated 1-4-2017.

7. Vide communication dated 3-5-2017, the petitioner was intimated by the Additional Collector that the Hon’ble Apex Court has directed status quo to be maintained vide order dated 11-4-2017 and the petitioner was restrained from excavating the sand. This was the first communication.

8. The Senior Geologist, Ground Water Survey Department opined to the Additional Collector that the conventional method should be used for excavating the sand and only in certain circumstances, which are by the act of nature rendering excavation impossible, that suction pump can be permitted.

9. The petitioner had moved an application on 20-4-2017 again seeking permission to use a suction pump. It is admitted that such permission was never granted to the petitioner. Due to the order of the Hon’ble Apex Court dated 11-4-2017, till the dismissal of the Special Leave Petition on 8-8-2017, there was a ‘status quo’. Such order of the Hon’ble Apex Court was communicated to the petitioner on 3-5-2017. We do not have the details before us as to whether, the petitioner carried out the excavation activity till 3-5-2017. However, subsequently, the State of Maharashtra has compensated the petitioner for being unable to excavate the sand from 11-4-2017 till 8-8-2017 by making a proportio