By the Court.—The petitioner is carrying on certain construction activities on a plot of land bearing 12/GH 04, Vrindavan Yojna, Raebareli allotted by the U.P. Avas Evam Vikas Parishad for a consideration of Rs. 9,90,02,750/-. An agreement dated 23 November 2011 was executed in favour of the petitioner, a copy of which has been annexed at Annexure-1 to these proceedings. Building plans were sanctioned for a group housing project and in paragraphs 10 and 11 of the petition, it has been stated that the execution of the work involves an excavation of the soil for laying the foundation of the building. The land, it has been averred, is being used for no other purpose except for the construction of the building. The petitioner applied to the Collector for the grant of mining permission for the excavation of soil. An order was passed by the Collector on 22 September 2012 for the excavation of soil to the extent of 14,000 cubic meters of a depth of no more than four meters subject to the payment of a stipulated amount and for a specific period.

2. Demand notices have been issued to the petitioner on 28 October 2014 and 20 December 2014 for the recovery of royalty in the amount of