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RAJIV ROY
Vibha Raj Construction through its Director Eklavya Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard Mr. Umesh Prasad Singh, learned Senior Counsel for the petitioner and Mr. Naresh Dixit, learned Special P.P. Mines.
2. The prayer is for quashing of the:
(i) order contained in memo no. 5621 dated 17.11.2022 issued by the Department of Mines and Geology by which the District Magistrate, Sheikhpura has been directed to impose a fine of Rs. 5,58,84,731/- and
(ii) for quashing of the order as contained in letter no. 1418 dated 28.11.2022 issued by the District Magistrate, Sheikhpura by which the petitioner has been directed to deposit Rs. 5,58,84,731/-(Five Crores Fifty Lakhs Eighty four Thousand Seven Hundred Thirty one Rupees) as fine for having violated rule 39 and 56 of the Bihar Minerals (Concession, Prevention Of Illegal Mining, Transportation and Storage) Rules, 2019 as the ground of having stored stone mineral at his site which is bad and illegal and based on totally misconceived provisions of law and further for any other relief(s) for which the petitioner may found entitled to.
3. The facts of the case narrated is/are as follows:-
4. The petitioner was granted a mining lease at Mauza-Matokar, Surdaspur, District -Sheikhpura, P.O.-Sheikhpura Khata No. 272 and 132,
The central legal point established is the significance of natural justice in administrative actions, emphasizing the requirement for prior notice and the opportunity to be heard before making decisi....
The main legal point established in the judgment is that the amended Rule 56, which came into effect in 2021, cannot be applied retrospectively to violations that occurred before its enactment.
For the purpose of Rule 35-A, if the Government feels that the orders passed by the Assistant Director of Mines and Geology, on 16.10.2018 were not in accordance with the provisions of the Act, the D....
Issuing a notice that effectively determines liability without due process violates the principles of natural justice, making the notice invalid.
The judgment establishes that mining authorities have the right to impose penalties for illegal mining activities based on evidence collected during inspections, and that due process must be followed....
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