IMPORTANT POINT
The judgment clarified the legal requirements for transporting minor minerals and the consequences of non-compliance with the Haryana Minor Mineral Concession Rules.

JUDGMENT :

(Sureshwar Thakur, J.) :

Since in all the writ petitions the hereinafter extracted common questions of law arise for determination, besides when the relevant claim(s) reared in the writ petitions (supra), relate to the quashing of the impugned orders, as, respectively embodied in the respective annexures appended with the writ petitions (supra), wherebys for wants of the drivers, to at the relevant time, thus disclose to the inspecting officer concerned, the material suggestive qua the minor minerals, loaded in the impounded vehicles, becoming legally excavated from the mining site concerned, thus the apposite vehicles became seized. Therefore, all the writ petitions (supra) are amenable to be decided through a common verdict.

(i) Whether the owners of the impounded vehicles, thus at the relevant time became assigned valid e-rawana portals ?

(ii) Whether the weight of the transported thereins minor minerals concerned, was in excess of the weight mentioned in the e-rawana portals and the consequence thereof ?

(iii) Whether therebys the mandate of Rules 101(5) and 101(7) as carried in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012, as framed under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as ‘the Rules’) provisions whereof become extracted hereinafter, and, which became interpreted in paragraph 4 of the verdict recorded by this Court in CRM-M-27884-2022 on 20.7.2022, para whereof becomes extracted hereinafter, do therebys leverage an empowerment in the authorizing inspecting officer concerned, to not only forfeit, the apposite excess weight of the minor mineral(s) concerned, but also becomes empowered to impound the apposite vehicle. However, yet thereunders the owner of the vehicle, is also empowered, to ask for the release of the impounded vehicle, but only on realization from him of the price of the excess weight of the minor mineral(s) transported in the vehicles concerned, and, also upon his depositing the applicable royalty qua the excess weight of the minor mineral, and, in addition he becomes liable to fine which is statutorily prescribed to be not less than Rs.10,000/-.

Rule 101(5) & 101(7)

“101(5) If the authorised officer/ official in-charge of the check-post or any other authorised officer has reasons to believe that the mineral or its products are being transported under a mineral transit pass which is suspected to be tampered or transportation is found without any valid transport permit, the authorised officer/ official(s) in-charge of the check post, shall take action as provided under rule 104 of these rules.”

“101(7) Where the officer-in-charge of the check-post or any other authorised officer has reasons to believe that the weight recorded in the mineral transit pass is not correct, he may direct the person in charge of the carrier to take such carrier to the nearest electronic weigh bridge and take recourse to action prescribed for under-weighment under these rules.”

“Para 4 of CRM-M-27884-2022

4. But since yet a specific mandate in respect of illegal transportation, of minor mineral(s), in the truck concerned, is contemplated in Rule 102 of the Rules, provisions whereof become extracted hereinafter, hence sub-Rule 7 of the Rule 101 of the Rules cannot here become awakened, but yet when as above stated, the excess load of the minor mineral(s), as, carried in the vehicle, was rather a sequel of it beyond the weight prescribed in the E-Rawana/E-Transit pass, and, though may make the apposite excess to be an illegal transportation thereof. Moreover, though rather in the above event, the authorized inspecting officer becomes empowered under sub-Rule 1 of Rule 102 of the Rules, provisions whereof stands extracted hereinafter, to not only forfeit, the apposite excess weight of the minor mineral(s) concerned, but also becomes empowered to impound the apposite vehicle. However, the owner of the vehicle,