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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.RAMACHANDRA RAO, RAJESH SHANKAR
Hindalco Industries Limited, A Company incorporated – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
1. The present writ petition has been filed for quashing letter no.775/M dated 15.07.2021 issued by the respondent no.4-District Mining Officer, Palamau to the petitioner, whereby it has been directed to deposit a penalty of Rs. 60,21,98,792/- within two days from the date of receipt of the aforesaid letter, failing which realization of the same would be done through certificate proceeding.
2. Learned counsel for the petitioner submits that vide letter no.482/M dated 22.06.2021 the respondent no. 4 issued a show cause notice to the petitioner alleging that it had transported the coal mineral for the period from 06.04.2020 to 15.06.2021 from Rajhara Railway Siding, Padwa, Palamau without valid transport challan and without any dealer registration/license. The said show cause was duly replied by the petitioner on 02.07.2021 denying all the allegations. The petitioner challenged the applicability of obtaining a Dealer Licence to it under Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, however the respondent no.4 vide letter no. 775/M dated 15.07.2021 imposed a penalty of Rs. 60,21,98,792/- upon it and further directe
Penalty cannot be imposed on stockyard dealers for alleged shortages of sand without statutory provisions supporting such action.
Penalties on stockyard dealers for alleged shortages of sand must be explicitly provided for in law; arbitrary imposition of penalties without statutory backing is impermissible.
Cognizance of mining offences requires a written complaint from an authorized person; without it, proceedings are unsustainable.
FIRs against a mineral concessionaire were quashed due to lack of verification and failure to establish cognizable offences, emphasizing the need for proper legal procedures in prosecution.
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
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