IMPORTANT POINT
The court affirmed that 'stone' is a minor mineral but can be treated as forest produce only if sourced from forests, impacting the jurisdiction of forest officials.

JUDGMENT :

(Vijay Bishnoi, CJ.)

1. This writ appeal has been preferred by the appellant being aggrieved with the judgment and order dated 21.06.2024 passed by the learned Single Judge in WP(C) No. 5052/2022 and WP(C) No. 1357/2015.

The learned Single Judge has dismissed the writ petitions wherein the appellant had questioned the jurisdiction of the forest officials of issuing notices dated 13.07.2022 to the drivers of the trucks owned by the appellant, bearing registration Nos. AS-06-B-9835 and AS-23-CC-0218, respectively, under Rule 63/64(i)/73 of the Assam Minor Mineral Concession Rules, 2013 (hereinafter to be referred as “Rules of 2013”) and Section 49 of the Assam Forest Regulation (Amendment) Ordinance, 1994 and Rules made under Section 40 of the Transit Rules of the Assam Forest Regulation 1891 (hereinafter to be referred to as “Regulation of 1891”). In the writ petition the appellant had also assailed the validity of the Vehicle Seizure Penalty Tickets dated 12.07.2022 and 15.07.2022, whereby penalty of Rs. 63,108/- and Rs. 66,588/- have been imposed.

In the writ petition, the appellant had also prayed that the above-referred trucks be directed to be released which were seized by the forest officials on 08.07.2022.

2. Heard Mr. G. N. Sahewalla, learned senior counsel appearing for the appellant and Mr. P. N. Goswami, learned Additional Advocate General, Assam, assisted by Mr. I. Kalita, learned Standing Counsel, Forest Department, appearing for the respondents.

3. The precise case of the appellant before the learned Single Judge was that the appellant is the proprietor of a Stone Crusher unit situated at Namrup, in the District of Dibrugarh, Assam, and has been running the said Stone Crusher unit from the last about thirty years. It is contended that the Stone Crusher unit is used for the purpose of crushing stones and boulders into pieces of various sizes and for screening of stone-chips/stone-dust, which are supplied to the government as well as to private individuals for use in constructional works and development of roads, dams, etc.

The cause of action arose to the appellant to approach the writ court when the trucks belonging to the appellant, which were transporting crushed stones from the Stone Crusher unit of the appellant to supply the same to some consumer, were seized by the forest officials on 08.07.2022 and the drivers of the said trucks were issued notice dated 12.07.2022 under various provisions of the Rules of 2013 as well as the Regulation of 1891.

4. It is the case of the appellant that aggrieved by the seizure of his trucks, he moved a representation before the Divisional Forest Officer (DFO), Dibrugarh Divison, on 12.07.2022 and 14.07.2022. However, the DFO issued the impugned Penalty Tickets dated 12.07.2022 and 15.07.2022 imposing penalty. It is further contended by the appellant that against the said penalty, he filed objection and prayed for withdrawal of the above-referred Penalty Tickets.

5. The appellant challenged the action of the forest officials before the writ court contending that as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter to be referred to as “MMDR Act”), the item “stone” is defined as minor mineral. It is contended that Section 3(3) of the MMDR Act defines “minor minerals”, which means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the official Gazette, declare to be a minor mineral, are treated as minor minerals.

It is argued that once the item “stone” is declared as minor mineral, the forest authorities has no jurisdiction or competence under the MMDR Act or the Rules of 2013, to take any action against any person dealing with stone. It is contended that the item “stone” cannot be termed as forest produce and, in such circumstances, the forest officials cannot take any action in respect of the stone crushed a