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2018 DIGILAW 37 (UTT)

Hari Datt Bhatt v. State

2018-01-12

RAJIV SHARMA

body2018
JUDGMENT : Rajiv Sharma, J. Petitioner was granted licence on 24.12.2008 whereby he was permitted to collect the minor minerals and store the same in Plot No.75. He was permitted to store only 2000 cubic meter at a particular time in a particular place i.e. Khet No.75. Petitioner has stacked the minerals in Khet No. 471/513 Khatoni No.60. Petitioner moved an application before the SDM, Purnagari seeking permission to store minerals in Khet No. 471/513. Petitioner was issued a show cause notice on 23.6.2009 to produce the valid licence in order to store minerals in Khet No.471/513 within one week. Petitioner filed reply on 15.7.2009. The licence was issued to the petitioner only on 10.8.2009 to store 640 cubic meter mines and minerals in Khet No.471/513 of Khatoni No.60 up to 31.8.2011. Petitioner was issued a notice on 31.8.2009 by the D.M. vide Annexure No.9. There is a reference to the enquiry conducted by the SDM, Purnagiri Tanakpur whereby it was held that the petitioner has stored 656 cubic meter of minerals in violation of the Uttaranchal Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2005. Petitioner was called upon to explain under what circumstances he has stored 656 cubic meter of minerals without permission. Petitioner submitted the reply on 8.9.2009. Thereafter, the District Magistrate, on 26.12.2009, has imposed a penalty of Rs.5,000/- and ordered to re-auction 656 cubic meter of minerals. The Tehsildar, Purnagiri was directed to hold the auction. Petitioner filed appeal against order dated 26.12.2009. It was dismissed in the month of April, 2010. 2. Respondents have filed the counter affidavit. According to the contents of reply, petitioner was directed to store material only in Khet No.75 situated at Village Manihargoth, Tehsil Purnagiri but he had illegally stored the minerals in Khet No. 471/513. The permission was granted to the petitioner after two months of the inspection/seizure of material in Khet No.471/513. 3. Petitioner was not issued any T.D.S. after 12.2.2009. The licence was issued by the S.D.M. on 10.8.2009. Petitioner also approached this Court by way of Writ Petition (M/S) No.640 of 2010. A Co-ordinate Bench of this Court has held that that there was no justification to grant interim order in favour of the petitioner so as to restrain the respondents from auction. The licence was issued by the S.D.M. on 10.8.2009. Petitioner also approached this Court by way of Writ Petition (M/S) No.640 of 2010. A Co-ordinate Bench of this Court has held that that there was no justification to grant interim order in favour of the petitioner so as to restrain the respondents from auction. The Tehsildar, Purnagiri has issued the auction notice vide Annexure No.15, whereby, the auction of the material stored by the petitioner was to be held in April, 2010 of the seized material measuring 656 cubic meter. One Sri Imran Ansari (respondent no.8) gave the highest bid. He deposited a sum of Rs.1.75 lakh in the Tehsil Office. Petitioner was directed to hand over 656 cubic meter of minerals which was kept by him under Supurdgiri. It is in these circumstances the petition has been filed. 4. The Parliament has enacted the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter to be referred as the ‘Act of 1957’). Section 3(aa) defines the minerals. Section 4 provides that no person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under the Act and the rules made thereunder. Section 15 empowers the State Government to make Rules in respect of minor minerals. Section 21 deals with penalties. It is provided under Section 21(5) that whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority. Section 23(C) empowers the State Government to make rules for preventing illegal mining, transportation and storage of minerals. Section 25 empowers the competent authority to recover certain sums as arrears of land revenue. 5. The State Government has also framed the Rules namely Uttaranchal Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 (hereinafter to be referred as the Rules of 2005). Section 25 empowers the competent authority to recover certain sums as arrears of land revenue. 5. The State Government has also framed the Rules namely Uttaranchal Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 (hereinafter to be referred as the Rules of 2005). Rules 8 to 12 read as under: - Application for license for storage of minerals Chapter- III STORAGE OF MINERALS 8. (1) Subject to the provisions of these rules, application for a license for storage of minerals shall be made in ‘Form H’ to the concerned district officer (2) Every such application shall be accompanied by a non refundable fee to he Rs.500.00, name of the storage owner with complete address; details of storage site; name of the mineral quantity of the mineral to be stored; period for license and purpose of storage. Disposal of application 9. The district officer subject to the provisions of these rules and after making such enquiry as it may consider necessary, may grant the license in ‘Form I’ for a period of two years for such quantity as may be considered by him to be fit and proper. Renewal of license 10. An application for the renewal of license for storage of minerals shall be made of the district officer at least two months before the date of which, the license is due to expire alongwith a fee of Rs.500.00 and particulars of previous license. The license may be renewed up to two years at a time. Restriction on storage and transportation of minerals 11. No person shall- a. store any mineral in any place without obtaining a license. b. store any mineral within 50 metres from any public road, railway track or any public premises, c. use any land for storage of minerals, which do not belong to him or is not held by him/her under valid tenancy, d. transport the minerals from storage premises to any other place without issuing Transit Pass in ‘Form J’ appended to these rules. Maintenance of correct account of minerals 12. (1) The holder of such license shall keep all times a correct and intelligible account of minerals purchased, stored or dispatched in Form ‘K’ appended to these rules. Maintenance of correct account of minerals 12. (1) The holder of such license shall keep all times a correct and intelligible account of minerals purchased, stored or dispatched in Form ‘K’ appended to these rules. (2) The holder of the license for storage of the minerals shall submit a copy of correct account of mineral, stored and transported by him every month to the district officer under whose jurisdiction the premises of storage is situate in Form ‘L’ appended to these rules. 6. Sub-rule (2) of Rule 13 of Rules of 2005 reads as under: - “13 (2) If any illegality is found in the stock of the minerals, the district officer or the officer authorized by the State Government in this behalf may issue a notice to such licensee to explain his case within thirty days from the receipt of the notice and if no explanation is submitted within stipulated time or the explanation so submitted is not found satisfactory then the license may be determined by the district officer and if the stock so checked is found without any lawful authority, the same may be seized and confiscated.” 7. In the instant case, petitioner has stored 656 cubic meter of minor minerals in Khet No.471/513 without obtaining necessary licence. Petitioner had applied for licence which was issued to him by the S.D.M. concerned only on 10.8.2009. By that time, he had illegally stored the minerals in Khet No. 471/513. Petitioner was issued a show cause notice by the S.D.M. on 23.6.2009, to which the reply was filed on 15.7.2009. The enquiry was held by the S.D.M., who submitted the report to the District Magistrate. The District Magistrate, on the basis of the report furnished by the S.D.M., has passed the order on 26.12.2009, whereby he has imposed the penalty of Rs.5,000/- and ordered the Tehsildar, Purnagiri, Tanakpur to hold the auction. Petitioner was handed over the Supurdgiri of the minerals stacked in Khet No. 471/513. He could not dispose of the minerals without permission of the competent authority under the Rules. There is a detailed procedure in the manner in which the minerals can be stored as per the Rules of 2005. The petitioner was supposed to submit the application under Rule 8. It was to be disposed of as per Rule 9. There is a provision for renewal of licence under Rule 10. There is a detailed procedure in the manner in which the minerals can be stored as per the Rules of 2005. The petitioner was supposed to submit the application under Rule 8. It was to be disposed of as per Rule 9. There is a provision for renewal of licence under Rule 10. Rule 11 specifically lays down that no person shall store any mineral in any place without obtaining a licence and transport the minerals from storage premises to any other place without issuing Transit Pass in ‘Form J’ appended to these Rules. 8. Petitioner has illegally stored the material in Khet No.471/513. The State Government has framed the Rules u/s 23(C) of the Act of 1957. According to sub-rule (2) of Rule 13, the minerals illegally stacked can be seized and confiscated. 9. Learned counsel appearing for the petitioner has vehemently argued that the competent authority could only seize and confiscate but it cannot auction the same. In the instant case, the petitioner has not sought any licence to store the minerals in Khet No.471/513. He was handed over the possession under Supurdgiri. The reply filed by the petitioner was not satisfactory. It is in these circumstances the District Magistrate has rightly ordered the auction of the minerals to the respondent no.8-Imran Ansari who was the highest bidder. He has given the bid of Rs.1.75 lakh. The petitioner was duty bound to hand over the minerals measuring 656 cubic meter to respondent no.8 or to pay him a sum of Rs.1.75 lakh, in case the minerals had gone missing. 10. Accordingly, there is no merit in this petition and the same is hereby dismissed. Petitioner is directed to handover the possession of 656 cubic meter of minerals or alternatively to pay a sum of Rs.1.75 lakh to the respondent no.8, as ordered by the Tehsildar concerned. It is made clear by way of abundant precaution that in case the petitioner does not hand over the minerals stacked by him or alternatively does not pay the amount of the same, it shall be open to the District Magistrate concerned to recover a sum of Rs.1.75 lakh from the petitioner as the arrears of land revenue by attaching the property of petitioner in accordance with law. 11. Pending application, if any, stands disposed of.