Back
GOUTAM BHADURI
Hira Industries Limited – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
GOUTAM BHADURI, J.
1. The challenge in this writ petition is to the order dated 05th April, 2006 passed by the Board of Revenue in case No. 1008/A-67/2002-2003 (Annexure P-1) whereby the appeal filed by the petitioner under section 44 of the Chhattisgarh land Revenue Code, 1959 against the order dated 28.03.2003 (Annexure P-2) passed by the Additional Collector Jagdalpur in Revenue Case No.133/A-67/1993-1994 was rejected. The said order Board of Revenue is filed as Annexure P-1 and the order of the Additional Collector is filed as Annexure P-2.
2. The averments, as made in the writ petition, are that the petitioner earlier named and styled as Jai Bajrang Cement (P) Ltd. has applied to State Government for allotment of mining area for extraction of lime stone for captive use in its mini steel plant which was set up at Pandripani, near Bastar. Accordingly, on 2nd February 1985, the lease was granted by State Government for extraction of limestone for a period of 20 years. The area of lease was of Kh.No.2/1 P.C.No.72 containing an area of 45 acres and the boundaries shown in the map (Annexure “E”) as follows: Towards north, it is shown as land bearing Kh. nos. 49, 51, 52, 53; tow
The court ruled that findings of illegal mining were perverse and unsupported by evidence, allowing the writ petition and quashing the penalties imposed.
The court emphasized the limited scope of its jurisdiction in re-appraising factual findings and the need for evidence of legal inadmissibility or lack of support to challenge findings of fact.
Termination of Mining Lease – Constitutional courts, in exercise of their power of judicial review, would not examine sufficiency of evidence – However, interference is warranted if it is found that ....
The court established that prior judicial findings and inspections must be respected, and any new claims of violations require proper notice and participation of the affected parties.
The conviction for illegal quarrying under Sections 379 IPC and Section 3(1) TNPPDL Act was upheld due to sufficient evidence, while the overlap of charges under various laws does not invalidate pros....
The court emphasized that penalties for illegal mining must align with statutory provisions, confirming the authority's limits in directing land restoration without proper jurisdiction.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
