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SURESHWAR THAKUR, SUDEEPTI SHARMA
Jitender Gaba – Appellant
Versus
State Of Haryana – Respondent
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.
(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 Ill
The judgment clarified the legal requirements for transporting minor minerals and the consequences of non-compliance with the Haryana Minor Mineral Concession Rules.
Any penalty imposed without lawful adjudication and reasoned orders is unconstitutional, violating principles of natural justice and authority under relevant statutes.
Point of Law : Under Sections 15 & 23-C of MMDR Act, State has the power to regulate transport of minor minerals to check and prevent illegal mining.
Discretion in enforcement procedures allows alternative methods of measurement under exigent circumstances, affirming the legality of seizure and penalty despite procedural lapses.
once the confiscation proceedings are initiated, the possession, delivery, disposal or distribution of the property cannot be made
The detention of seized vehicles must adhere to procedural due process; prolonged retention without recourse violates rights to property and livelihood, justifying release.
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