JUDGMENT :

Mangesh S. Patil, J.

Heard. Rule. The Rule is made returnable forthwith. Learned AGP waives service for all the respondents. At the request of the parties, the matter is heard finally at the stage of admission.

2. By invoking the powers of this Court under Article 226 of the Constitution of India, the petitioner a private limited company, is challenging the communications dated 21.12.2022, 23.12.2022 and 24.12.2022 issued by the respondent Nos.5 and 7 who are the Tahsildar, Karjat and the District Forest Officer, Ahmednagar directing it to close down the stone crusher installed by it in land Gut No.100 of Village Supe, Taluka Karjat, District Ahmednagar. The respondent No.1 is the State Government through the Secretary of the Revenue and Forest Department, Respondent No.2 is the Divisional Commissioner of Nashik Revenue Division, the respondent No.3 is the District Collector, Ahmednagar, Respondent No.4 is Sub-divisional Officer, Karjat, Respondent No.6 is the Circle Officer of the Kombali, Taluka Karjat, Respondent Nos.8 and 9 are the Range Forest Officers, Regional and Wildlife, respectively.

3. The petitioner undertakes construction activity and is engaged in construction of roads, bridges, small city development projects and water line projects and even has received an award from the State Government for completion of its projects.

4. Pursuant to a tender floated for the purpose, the petitioner secured a contract for up-gradation/reconstruction of the existing highway from Adhalgaon to Jamkhed stretch which is a part of a Section of NH-548D Package No.Nashik-IV for a length of 62.775 kms. The work order was issued to it on 11.02.2022 and is expected to complete the project within 18 months. It has completed around 40% of that work.

5. It is averred by the petitioner that in order to set up a stone crusher plant it has obtained on leave and licence basis lands bearing Gut No.98,99 and 100 totally admeasuring 6 Hectares 89 Are from its owner and an agreement to that effect was registered on 07.12.2021. It then applied for none agricultural use permission by submitting an application to the respondent No.5 - Tahsildar on 08.12.2021 under the provisions of the Maharashtra Land Revenue Code, 1966 (herein after the MLRC). In turn the respondent No.5 - Tahsildar sought permission/approval from the respondent Nos.7 to 9. Since the stone crusher plant was to be erected in the vicinity of Great Indian Bustard Sanctuary, Karjat (GIB Sanctuary), mentioning that the petitioner’s lands were at a distance of about 564 meters and 772 meters from the boundary of the sanctuary. Accordingly, respondent No.5 - Tahsildar by the order dated 04.05.2022 granted permission for non-agricultural use under section 45 of the MLRC, after the respondent Nos.7 to 9 granted no objection certificate on 22.04.2022. It is further averred that even the Grampanchayat, Supe issued a similar no objection certificate on 15.11.2021 for setting up the stone crusher plant. It is averred that after obtaining requisite permission even from the Maharashtra Pollution Control Board (MPCB) the stone crusher plant was set up. It is then averred that as per the order of the respondent No.3 - Collector necessary advance royalty was also deposited from time to time.

6. In order to facilitate completion of the highway project the stone crushing plant has been set up temporarily for crushing rubbles and stone aggregate. Except crushing of the stones no other activity is being undertaken. No excavation of mines and minerals has ever been carried out. The stone aggregate/rubbles were brought from different sources that is from road cutting stones and the stones excavated from land Gut Nos.103 of Village Supe and Gut No.203 of Village Bitkewadi of Taluka Karjat that too with due permissions from the respondent No.3 – Collector dated 15.12.2022 and 28.12.2022. The actual si