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B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Ramky Infrastructure Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Somasekhar Sundaresan, J. - Rule. With the consent of the parties, rule is made returnable forthwith and the writ petition is taken up for final disposal.
2. This writ petition challenges the imposition of penalty and charge of royalty by revenue officials of the State of Maharashtra, under Section 48(7) of the Maharashtra Land Revenue Code, 1966 ('MLRC'), in connection with the alleged unauthorized excavation of earth during implementing a sewerage pipeline network in Thane. For the reasons set out in this judgment, we have no hesitation in allowing the writ petition.
Factual Matrix:
3. A brief overview of the facts relevant for the effective disposal of these proceedings is summarized below:
The excavation of earth for public works projects, when reused on the same plot, does not attract royalty under Section 48(7) of the Maharashtra Land Revenue Code, unless there is evidence of commerc....
The excavation of ordinary earth for construction purposes did not attract the levy of royalty and penalty under Section 48(7) of the Maharashtra Land Revenue Code, 1966, especially when the excavate....
The purpose of excavation determines liability for royalty and penalty under Section 48(7) of the MLR Code, 1966, and excavation of ordinary earth for construction purposes does not attract royalty a....
Excavation of ordinary earth for construction purposes did not attract levy of royalty and penalty under the provisions of Section 48(7) of the M.L.R. Code, 1966, especially when the excavated earth ....
Supreme Court had enunciated in clear and unambiguous terms that excavation of ordinary earth for construction of building purposes / development would not attract levy of royalty and penalty under p....
NGT directs recovery of environmental compensation for illegal morrum/laterite extraction on revenue forest land without clearances, affirming jurisdiction over environmental violations but not minor....
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