The central legal point established in the judgment is that the provisions of Section 48(7) and Section 48(8) of the Maharashtra Land Revenue Code are not applicable when the extraction of sand is lawful and authorized by the State Government.

R.K.Deshpande, J.

1. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the respective parties.

2. The petitioner is seeking a direction to the respondents to release a vehicle bearing Registration No.MH-20-AK-7558 carrying sand of one brass in excess of the weight permitted to be carried out by the vehicle in question. By way of amendment, the order dated 2.11.2017 passed by the Tahsildar, Tumsar and the order dated 24.11.2017 passed by the Sub-Divisional Officer, Tumsar confirming the action of Naib-Tahsildar, Tumsar of seizure and confiscation of vehicle in question in exercise of power under subsection (8) of Section 48 of the Maharashtra Land Revenue Code, 1966 are challenged. By the impugned orders, the petitioner is directed to pay an amount of Rs.2,400/- towards the royalty in respect of extraction of six brass of sand and penalty of Rs.60,000/- for unauthoised transportation.

3. The contention of Mr. S.P. Bhandarkar, learned Counsel appearing for the petitioner is that the action of seizure and confiscation of vehicle along with sand and recovery of royalty and penalty as contemplated by the impugned order cannot be justified under the provisions of subsection (7) and subsection (8) of Section 48 of the Maharashtra Land Revenue Code. He has urged that seizure and confiscation of the vehicle said to be un-authorisedly carrying the sand, made by Naib-Tahsildar on 2.11.2017 was without any authority. He further submits that, in fact, the said provisions are not at all attracted, unless and until there is a show cause notice issued to the sand ghat owner for unauthorised extraction of sand, which has not been assigned to him by the State Government.

4. In the affidavit filed by the respondents the Authorities of the State Government, it is admitted that seizure and confiscation of the vehicle in question along with the sand carried in it was by the Naib-Tahsildar. For that purpose, reliance is placed upon the order dt.25.8.2016 issued by the Tahsildar, Tumsar authorising the flying squad consisting of Naib-Tahsildar to seize and confiscate the sand, which is minor mineral, if it is found to be unauthorisedly extracted and transported.

5. To deal with the contentions raised by the petitioner, we have to consider as to whether the provisions of subsections (7) and (8) of Section 48 of the Code are attracted in the present case. The provisions of subsection (7) and (8) of Section 48 of the Maharashtra Land Revenue Code, 1966 are reproduced below:

“48. Government title to mines and minerals:

(1) to (6) …......

(7) Any person who without lawful authority extracts, removes, collects, replaces, picks up or disposes of any mineral from working or derelict mines, quarries, old dumps, fields, bandhas (whether on the plea of repairing or constructions of bund of the fields or any other plea), nallas, creeks, riverbeds, or such other places wherever situate, the right to which vests in, and has not been assigned by the State Government, shall, without prejudice to any other mode of action that may be taken against him, be liable, on the order in writing of the Collector, to pay penalty not exceeding a sum determined, at three times the market value of the minerals so extracted, removed, collected, replaced, picked up or disposed of, as the case may be :

Provided that, if the sum so determined is less than one thousand rupees the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose.

(8) Without prejudice to the provision in subsection (7), the Collector may seize and confiscate any mineral extracted, removed, collected, replaced, picked up or disposed of from any mine, quarry or other place referred to in subsection (7) the right to which vests in, and has not been assigned by, the State Government.”

6. The aforesaid provisions are not at all attracted in case, where any person extracts or removes mineral i.e. sand in question, with lawful authorit