N.J. Jamadar, J.

The challenge in this petition is to a notice dated 4th December 2017 issued by the Tehsildar, Dahanu, District Palghar, Maharashtra whereby a penalty of Rs.34,80,744/- was proposed to be levied for excavation of minor mineral, i.e., ordinary earth, without obtaining requite permission.

2. The petition arises in the backdrop of the following facts :-

The petitioner No.1 is a Public Sector Undertaking of the Ministry of Railways. The petitioner No.1 is executing construction of 186 km. long Dedicated Freight Corridor Project from Vaitarna to Sachin, which is a part of the Western Dedicated Freight Corridor. The petitioner Nos.2 to 5 have been engaged by petitioner No.1 as sub-contractors for the execution of the said work. As a part of the project, the petitioners are required to cut and level the ground along the 186 km. stretch. In the process, if the earth extracted is scientifically found to be of suitable quality, it is used for embankment. However, if the earth is not found to be of suitable quality, the petitioners dump the earth at alternate locations.

3. On 17th November 2017, the respondent No.3-Tehsildar, Dahanu visited one of the worksites and, the