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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.Gadkari, Kamal Khata
Latika Sarejrao Bhosale – Appellant
Versus
Additional Collector Pune District, Pune – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Petition under Article 226 of the Constitution of India the Petitioner seeks the following reliefs.
“A. this Hon’ble Court may, by an appropriate writ, order or direction, quash and set aside the Resolution dated 28.07.2021 passed by the Gram Panchayat Kauthadi, Tal. Daund Dist. Pune (Exh.C) and direct the respondents to permit the petitioner to avail of the extraction of minor minerals.
B. this Hon’ble Court may, by an appropriate writ, order or direction, direct the respondent No.1 to grant extension of the period of mining lease for further period that is lost due to the obstruction of Respondent No.4 Gram Panchayat.
(bb) that this Hon’ble Court may by way of appropriate writ, order or direction quash and set aside the Gram Sabha Resolution dated 2nd December 2021 and permit the Petitioners to go ahead with the quarrying operations in Gat No.181 situated at village Kavthadi, Taluka Daund, District Pune;”
2) Heard the counsels for the Petitioner and the Respondents and have perused the papers and proceedings minutely. The Petitioner who had applied for a mining lease/quarry on 26th October, 2020 was granted an NOC by the Grampanchayat on 10th May,
The court affirmed that a Gram Panchayat can revoke a mining NOC based on community consensus and environmental concerns, emphasizing local governance rights.
The court confirmed that local authorities must ensure compliance with safety regulations when issuing permissions for quarrying operations, and can revoke them upon public complaints about safety vi....
Authorities must consider public objections and environmental impacts when granting mining permissions, reinforcing the jurisdiction of local governing bodies.
Cancellation of mining lease without notice violates principles of natural justice; the court will not intervene when administrative processes are pending.
The renewal of a mining lease must comply with procedural requirements, including consultation with the Gram Panchayat and conducting a Joint Inspection as mandated by applicable rules.
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