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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice G.K.ILANTHIRAIYAN, J
R.R.Construction, Rep. By its Partner R.Saravanan – Appellant
Versus
Sub Collector, Periyakulam – Respondent
ORDER :
This writ petition has been filed challenging the order passed by the respondent dated 28.10.2024 thereby imposed penalty of Rs.2,14,28,549/- as penalty for the illegal quarrying of gravel and rough stone.
2. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner was issued quarrying lease dated 10.06.2016 to quarry rough stone and gravel from the patta land comprised in S.F.Nos. 372/1A (0.33.0 Hectare), 372/1B (0.15.5 Hectare), 372/2A (0.30.0 Hectare, 372/2B (0.20.0 Hectare), 372/2C (0.38.0 Hectare), 372/2D (0.40.0 Hectare), 372/2D (0.03.0 Hectare), 378/1B (0.25.0 Hectare), 378/1C (0.30.0 Hectare) and 378/2 (0.38.0 Hectare), measuring to total extent of 2.72.5 hectares situated at Thimmarasanayakkanur Bit – 1 Village, Andipatty Taluk, Theni District for a period of five years from the date of execution of the lease deed. The petitioner also obtained mining plan approval and environmental clearance. Accordingly, the petitioner was permitted to quarry rough stone and gravel to the tune of 1,73,290 cu.m., and 40,768 cu.m., respectively. The lease period of the petitioner got expired on 09.06.2021. While being so, the petiti
The court reaffirmed that a lack of notice and opportunity to be heard constitutes a violation of natural justice, rendering the penalty order invalid.
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 ....
Impugned order set aside for non-application of mind; remanded for fresh enquiry on excess quarrying with hearing.
Recovery of penalties after a significant delay is barred by limitation, and provisions for quarrying for domestic purposes exempt from penalties.
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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