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2024 Supreme(Bom) 265

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
AIGP Developers (Pune) Private Limited – Appellant
Versus
State of Maharashtra, Revenue and Forest Department, Through the Office of the Government Pleader – Respondent


Advocates Appeared:
For the Petitioner: Dr. Milind Sathe, Sr. Adv., a/w Saket Mone & Devansh Shah, i/b Vidhi Partners.
For the Respondents: Mr. A.I. Patel, Addl. GP a/w. Ms. M.S. Bane, AGP.

JUDGMENT :

(Somasekhar Sundaresan, J.) :

1. Rule. By consent, Rule made returnable forthwith, and taken up for final hearing and disposal.

Factual Matrix:

2. The challenge in this Writ Petition is to an order dated 29th June, 2023 (“Impugned Order”) passed by Respondent No. 2 viz. the Tehsildar, Haveli (Pune), directing the Petitioner viz. AIGP Developers (Pune) Pvt. Ltd. to pay an aggregate sum of Rs. 13,45,86,252/- (Rs. 2,45,14,800/- towards royalty and Rs. 11,00,71,452/- towards monetary penalty) for allegedly excavating minor minerals (ordinary earth) without due authorisation. The Impugned Order is passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966 (“MLRC”).

3. The Petitioner is entitled to various land parcels being Survey Nos.1344/3 and 1344/4 at Wagholi (approximately 0.89 hectares and 5.69 hectares respectively); and Survey No.63/1/6 at Kharadi (approximately 0.11 hectares), totally admeasuring approximately 6.69 hectares. The Petitioner envisaged setting up an information technology and information technology-enabled services park consisting of four buildi

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