The main legal point established in the judgment is that the Transportation Rules 2015, framed under Section 23C of the MMDR Act, 1957, encompass both minerals and minor minerals, allowing for the seizure of vehicles transporting ordinary earth.

K. Vinod Chandran, J.

Both the writ petitions are concerned with the seizure of vehicles under the Mines and Minerals (Development and Regulation) Act, 1957 (for brevity 'MMDR Act, 1957) and the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules 2015 (for brevity, 'Transportation Rules, 2015).

2. Before looking at the facts; the compelling contention urged on behalf of the petitioners is that the Transportation Rules 2015 having not provided for seizure, of a minor mineral in transportation; herein, specifically ordinary earth. The Transportation Rules, 2015 only authorises seizure and confiscation of minerals when such transportation is made against the provisions of the Act and Rules, argues Counsel. If that ground is upheld, then necessarily, the vehicles would have to be released without any conditions.

3. The learned Counsel for the petitioners refer to the definition clause in the MMDR Act, 1957, specifically that of 'mineral' and 'minor mineral' as seen from sub-clause (a) and (e) of Section 3 of the MMDR Act, 1957. Minor minerals being specifically dealt with; only those materials enumerated thereunder and any mineral which the Central Government by notification in the Official Gazette declares to be a minor mineral would fall under such definition and that would be excluded from the definition of "mineral", is the argument.

4. Specific reference is made to sub-section (1A) of Section 4 of the MMDR Act, 1957, which interdicts transportation of storage of any mineral otherwise than in accordance with the provisions of the Act, which again according to the learned Counsel takes in only minerals and not minor minerals. Section 13 of the MMDR Act, 1957 confers power on the Central Government to make rules in respect of minerals and Section 15 of the MMDR Act, 1957 on the State Government with respect to minor minerals, which distinction further highlights the manner in which the two categories have been dealt with differently in the MMDR Act, 1957. Under Section 13 of the MMDR Act, 1957, the Central Government itself has brought in the Mineral Concession Rules, 1960 and under Section 15 of the MMDR Act, 1957, the State Government brought in the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules, 2015).

5. Specific reference is made to the old rules; viz: Kerala Minor Mineral Concession Rules 1967 (for brevity, 'KMMC Rules, 1967), wherein Rule 58 dealt with penalties with respect to the quarrying and the transportation otherwise than under the provisions of the Act and Rules, in which sub-rule(1) prescribes the penalty on illegal raising of minor mineral and sub-rule(3) and (4) dealt with confiscation and seizure of any thing used for such quarrying or transportation of minor minerals. The said Rule of 1967 were brought out under Section 15(1) of the MMDR Act, 1957. In pari materia provisions are found in the presently enacted KMMC Rules, 2015; in Rule 108, but they deal only with penalty on raising minerals without lawful authority; and does not sanction seizure and confiscation. The provision for penalty for contravention and the liability to seizure of any mineral extracted illegally is provided respectively in sub-rule (1) and (2) of Rule 108. The provision for penalty and seizure as provided in sub-rule(3) and (4) of Rule 58 of the old Rules (KMMC Rules, 1967), is conspicuously absent; is the contention.

6. The Transportation Rules cannot be relied upon for penalty and seizure of the equipments, vehicles etc. since the same is brought out under Section 23C of the MMDR Act, 1957; which again deals with only minerals. The penalty provision under the MMDR Act, 1957 is Section 21 and sub-section (4A) thereof provides only for confiscation of any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), which deals with; again, the transportation without lawful authority of any mineral from any land. Rule 17 of the Mineral Concession Rules, 1960 is al