IMPORTANT POINT
The court ruled that findings of illegal mining were perverse and unsupported by evidence, allowing the writ petition and quashing the penalties imposed.

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; towards south the other land is shown; towards east the other land is shown without number and towards west the land bearing Kh. Nos. 112/3 & 148/46 were shown. The Collector Jagdalpur by its letter dated 27.11.1986 (Annexure P-4) allowed the petitioners to enter the mining land for excavation of limestone.

3. The petitioners have contend that based on permission (Annexure P-4), they entered the premises in presence of SDO, Tahsildar and Mining Officer in December, 1986. According to the petitioners, on 17.05.1988, a surprise visit was made by the Mining Inspector and after inspection, it revealed that mining work was being carried out inside the boundaries of mining area under lease. Second surprise visit was made on 04.03.1994 by the Mining Inspector along with Mining Officer, Surveyor and Mining Constable and a report was submitted wherein charges were clamped that petitioners have carried out the mining operation outside the mining area under lease and illegally extracted 86952.490 MTs of lime-stone over an area of 9.45 acres out of Kh.Nos. 192/1 and area of 2 acres out of Kh.no.2/1 thereby a total area was shown to be 11.45 acres.

4. Subsequently a report was submitted to the collector vide Annexure P-6 with a copy to the petitioners. In such report to the Collector, 10 witnesses were named which was based on report of the Patwari dated 04.03.1994 (Annexure P-7) wherein the Patwari stated that 2 acres was encroached out of Kh.No.2/1 and 6 acres was encroached out of Kh.No.192/1 and the entire demarcation of leased area was not complete.

5. According to the petitioners, another report was also submitted by the Patwari of P.H. No.72, Chitapur by Annexure P-8 dated 06.03.1994 which is addressed to Collector, Mining Department with a copy to the SDO and Naib Tahsildar, wherein it was stated that petitioner M/s. Heera Cement Factory has illegally extracted the lime-stones on 9.45 acres out of the Government land bearing Kh.No.192/1 admeasuring 18.27 acres situated in village Chitapur P.C.No.72 R.I. Circle Keshlur Tahsil Jagdalpur. Panchshala Khasra was prepared by the said Patwari by Ex.P-9 dated 07.03.1994 and a revenue map was also attached by Annexure P-10 dt. 7.3.1994 with a note wherein also it was alleged by the Patwari of P.H.No.72 that out of the land of Kh.No.192/1 admeasuring 18.27 acres, the petitioner has illegally extracted the material over 9.45 acres.

6. Relying upon the statements of different witnesses, learned counsel for the petitioners would submit that no illegal mining of lime-stones was done by the Petitioner company outside the land of lease granted to them and without there being any material evidence to establish illegal mining, the orders imposing heavy penalty have been passed by the Board of Revenue and Addl. Collector merely ba