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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Dillip Kumar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. illegal mining activities and enforcement challenges. (Para 1 , 2) |
| 2. interpretation of section 21(5) of mining law. (Para 3 , 12) |
| 3. authority's findings on violations by petitioner. (Para 4 , 5 , 6 , 7) |
| 4. legal scrutiny of penalties under rule 33(17). (Para 8 , 9 , 10 , 11) |
| 5. confiscation procedures under rule 51. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 6. directive for payment and resolution of seizure. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
HARISH TANDON, CJ.
1. We are not unmindful nor oblivion of the rampant illegal mining activities across the country and whenever any action is taken by the authorities, approach is made to the Court assailing their actions on the perceived arbitrariness, non-adherence of the provisions of law and above all, the exercise of powers beyond the conferment under the statutory provisions.
2. A public spirited person highlighted such issues by filing a writ petition before the Supreme Court under Article 32 of the Constitution of India and the apex Court took serious note of the same and delivered a judgment on 2nd August, 2017 in Common Cause v. Union of India , (2017) 9 SCC 499 . An argument was advanced before the said Constitution Bench at
Penalties for illegal mining activities must strictly adhere to statutory provisions; unauthorized actions are invalid, and confiscations require court orders based on formal complaints.
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
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