IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7187 OF 2021 WITH CIVIL APPLICATION NO.6598 OF 2021 IN WRIT PETITION NO.7187 OF 2021 Montecarlo Ltd. Iron Triangle (Joint Venture)

through its authorized officer, Shri. Awnish Bhardwaj, Age : 42 years, Occu: Service, having registered office at Montecarlo House, Sindhu Bhavan Road, Bodakdev, Ahmedabad – 380058, Gujarat … PETITIONER VERSUS

1. The State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai.

2. The Collector, Jalna, Srvy No.488, Ambad, Chowk, Aurangabad – Nagpur Rd, Old Jalna, District – Jalna, Maharashtra 431213.

3. The Tehsildar, Jalna District – Jalna, Maharashtra. 4. Maharashtra State Road Development Corporation, through its Vice-Chairman & Managing Director, Opp. Bandra Reclamation Bus Depot, Near Lilavati Hospital, K C Marg, Bandra (West), Mumbai – 400 050. … RESPONDENTS ...

AGP for Respondent Nos. 1 to 3 : Mr. S.B. Yawalkar Advocate for respondent No.4 : Mr. S.V. Adwant Advocate for applicant in CA : Mr. Girase h/f. Mr. Vishnu B. Madan Patil ...

AND WRIT PETITION NO.8104 OF 2020 Montecarlo Ltd. Iron Triangle (Joint Venture)

through its authorized officer, Shri. Awnish Bhardwaj, Age : 47 years, Occu: Service, having registered office at Montecarlo House, Sindhu Bhavan Road, Bodakdev, Ahmedabad – 380058. … PETITIONER VERSUS

1. State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai.

2. The Collector, Jalna, Srvy No.488, Ambad, Chowk, Aurangabad – Nagpur Rd, Old Jalna, District – Jalna, Maharashtra 431213.

3. The Tehsildar, Jalna District – Jalna, Maharashtra. 4. Maharashtra State Road Development Corporation, through its Vice-Chairman & Managing Director, Opp. Bandra Reclamation Bus Depot, Near Lilavati Hospital, K C Marg, Bandra (West), Mumbai – 400 050. … RESPONDENTS ...

Advocate for Petitioner : Mr. S.P. Bhandarkar AGP for Respondent Nos. 1 to 3 : Mr. S.B. Yawalkar Advocate for respondent No.4 : Mr. S.V. Adwant ...

AND WRIT PETITION NO.6848 OF 2020 WITH CIVIL APPLICATION NO.7966 OF 2020 IN WRIT PETITION NO.6848 OF 2020 Montecarlo Ltd. Iron Triangle (Joint Venture)

through its authorized officer, Shri. Anilkumar Anantlal, (Project Manager), Age : 50 years, Occu: Service, having registered office at Montecarlo House, Sindhu Bhavan Road, Bodakdev, Ahmedabad – 380015. … PETITIONER VERSUS

1. State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai.

2. The Collector, Jalna, Srvy No.488, Ambad, Chowk, Aurangabad – Nagpur Rd, Old Jalna, District – Jalna, Maharashtra 431213.

3. Tehsildar, Taluka Badnapur District – Jalna, Maharashtra. 4. Maharashtra State Road Development Corporation, through its Vice-Chairman & Managing Director, Opp. Bandra Reclamation Bus Depot, Near Lilavati Hospital, K C Marg, Bandra (West), Mumbai – 400 050. … RESPONDENTS ...

Advocate for Petitioner : Mr. Shreerang Bhandarkar with Mr. Manish Shukla AGP for Respondent Nos. 1 to 3 : Mr. S.B. Yawalkar Advocate for respondent No.4 : Mr. S.V. Adwant ...

CORAM : MANGESH S. PATIL, J.

Reserved on :27.08.2021 Pronounced on :08.09.2021 JUDGMENT :

Heard. Rule. The Rule is made returnable forthwith. The learned AGP and the learned advocate for the contesting respondent waive service. At the request of both the sides all these three petitions are heard finally at the stage of admission.

2. The petitioner in all these Writ Petitions is a company which has been allotted work of construction of different segments of Mumbai – Nagpur Express High Way popularly known as “Samruddhi Mahamarg”. The respondent Maharashtra State Road Corporation Limited is the Nodal Agency appointed by the Government for completing the project. In order to complete the project for the purpose of excavation of sand/murum/stone it entered into agreement with private persons. It applied for necessary permissions to the Collector for excavation and pursuant to the permission granted the work of excavation was undertak