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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Tba Infrastructure Private Ltd. – Appellant
Versus
Ut Of J&k – Respondent
ORDER :
1. Through the medium of present petition, the petitioner has challenged order dated 23.08.2023 passed by respondent No. 1, whereby appeal filed by the petitioner against order dated 09.04.2021 passed by the Director, Geology & Mining Department J&K, Jammu as also against order dated 07.11.2020 issued by District Mineral Officer, Jammu, has been dismissed on the ground of limitation.
2. It appears that respondent No. 3, District Mineral Officer, Jammu seized Stone Crusher, Hot and Wet Mix Plant, Concrete Batching Plant, Fabricated Unit along with Minor Minerals (12000 Mt. Crusher Bajri, 700 MT Bed Material, 7000 MT Nallah Boulder and 350 MT C/Dust)vide seizure memo No. 1817-18 dated 07.11.2020 in terms of Section 21(4) of the Mines and Minerals (Development & Regulation) Act, 1957 and the rules made thereunder.
3. The aforesaid order of respondent No. 3 was challenged by the petitioner by way of an appeal in terms of Rules 85 of the Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 (hereinafter to be referred as “the Rules of 2016”) before Director Geology and Mining Department, Jammu, respondent No. 2.
Substantial justice must prevail over technicalities; delay in filing an appeal can be condoned if sufficient cause is shown.
The limitation for appeals under the Rajasthan Minor Mineral Concession Rules is calculated from the date of communication of the order, not the date of the order itself.
The appellate authority's non-speaking order on limitation grounds necessitates a remand for a reasoned decision on the merits of the appeal.
An appellate authority must issue a reasoned decision addressing all arguments, particularly regarding limitation, to ensure fairness in administrative proceedings.
No meritorious claim should be defeated on mere cause of delay especially in situation where delay was sufficiently explained.
Rules of limitation are meant to prevent dilatory tactics and ensure prompt remedy, and stringent conditions to explain each day's delay cannot be imposed in every case.
The court reaffirmed that the Government must adhere to the same limitation laws as all parties, emphasizing that delays must be justified with sufficient cause.
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