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PRASANNA B. VARALE, KRISHNA S. DIXIT
Pnc Infratech Limited – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. Petitioner who holds a quarry lease is knocking at the doors of Writ Court for assailing the penalty demand notice dated 26.04.2022 issued by the 4th respondent -Deputy Director of Mines & Geology Department, a copy whereof is at Annexure-N whereby he has been directed to remit a sum of Rs.23,47,13,703.00 within thirty days. This levy is made for the alleged loss to the exchequer inter alia for rendering the subject quarry lease dysfunctional. There is allegation of violation of the Karnataka Minor Mineral Concession Rules, 1994 inasmuch as the transportation of the mineral has happened sans transit permits. The breakup of the levy items has been furnished in the Audit Report for the financial year in question.
2. Learned counsel appearing for the petitioner seeks to falter the impugned levy of penalty pointing out petitioner's reply submitted against the levy and demand notice dated 26.04.2022 wherein he had raised an objection as to the absence of Drone Survey in the fitness of things. He also points out the Work Order dated 24.11.2022, a copy whereof is at Annexure-R whereby the 3rd respondent -Director of Mines & Geology Department had instructed for undertaking the Dron
The necessity of conducting a thorough investigation, including a Drone Survey, before imposing significant penalties for alleged regulatory violations in the context of quarry leases.
The court affirmed that the judicial review in writ jurisdiction is limited to the decision-making process and not the substantive outcome, emphasizing the necessity of evidentiary support for claims....
Judicial review in matters of administrative decisions regarding mining royalties is limited to the process of decision-making, and not the substantive merits of the decisions.
The court emphasized the importance of proper consideration, adherence to principles of natural justice, and compliance with Section 77 of the Mines Act, 1952 in matters related to quarry leases and ....
The main legal point established in the judgment is the requirement for proper consideration and compliance with principles of natural justice in issuing orders related to quarry leases and demand no....
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