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DINESH MEHTA
Devi Lal, S/o. Shri Khem Rajji – Appellant
Versus
State of Rajasthan, through the Mining Engineer, Mines and Geology Department – Respondent
ORDER :
Dinesh Mehta, J.
1. By way of the present writ petition, the petitioner has challenged the demand notices dated 25.02.1986; 01.08.1986; 06.07.1987; 05.11.1992; proclamation of sale notice dated 01.07.1999 so also the order of the Board of Revenue dated 30.06.2000.
2. Apprising the Court about the facts germane, Mr. Bhandari, learned counsel for the petitioner submitted that on 25.02.1986, Mining Engineer issued a notice/order asking the petitioner to deposit a sum of Rs.87500/- on the allegation that when the Inspector of the Mining Department was patrolling on 30.11.1985, he found that one Kalu Ram s/o Amra was excavating the limestone with ten laborers and 50 ton limestone so excavated was lying at the site.
3. It was also alleged in the notice that the petitioner had transported 1200 ton limestone in vehicle No. RST 7979 to his cement factory.
4. Petitioner filed a reply/response dated 03.03.1986 to the said notice/order and pleaded that he did not know any Kalu Ram and that said Kaluram was not working under his instructions, while clearly asserting that the petitioner did not have any concern or nexus with him.
5. Another notice dated 01.08.1986 came to be issued by the Mini
Recovery proceedings must be based on lawful adjudication and adherence to principles of natural justice, not on arbitrary or unsubstantiated claims.
Issuing a notice that effectively determines liability without due process violates the principles of natural justice, making the notice invalid.
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The central legal point established in the judgment is the requirement for proper application of mind, evidence, and adjudication before concluding illegal mining, as well as the prohibition of accep....
Failure to supply essential documents for a demand notice constitutes a violation of natural justice, necessitating reconsideration of the petitioner’s explanations.
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 ....
The issuance of a demand notice without providing an opportunity for a hearing violates the principles of natural justice, necessitating its annulment and remand for proper inquiry.
Surface rent demands under the Mineral Concession Rules are valid where lease terms are explicitly clear, and claims of natural justice violations are unfounded without proper pleadings.
The main legal point established in the judgment is the requirement for proper consideration and compliance with principles of natural justice in issuing orders related to quarry leases and demand no....
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