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ANJANI KUMAR MISHRA, JAYANT BANERJI
Jagoo @ Jagbir – Appellant
Versus
State Of U. P – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Standing Counsel.
2. The petitioner by means of this writ petition is challenging the order dated 08.12.2022 passed by the District Magistrate, Mathura and the order dated 06.11.2023 passed by the Commissioner, Agra Division, Agra, whereby the order passed by the District Magistrate has been affirmed.
3. It appears that a notice was issued to the petitioner alleging illegal mining of soil in Khasra (Khata) No.19 area 3.933 hectares. The alleged excavation over an area of 323 feet x 313 feet and upto 3 feet in the depth, using a JCB machine, which amounted to violation of the provisions of Rule 3 of the U.P. Minor Minerals (Concession) Rules, 2021 (hereinafter referred to as the Rules, 2021).
4. The petitioner admittedly replied to the notice. After considering the reply of the petitioner, penalty to the tune of Rs. 4,82,700/- was imposed upon the petitioner by the order passed by the District Magistrate. Hence this writ petition.
5. The contention of learned counsel for the petitioner is that no illegal mining had been conducted by the petitioner. In any case, the report of the Lekhpal, which is the basis of the notice,
The central legal point established is the interpretation of mining operations under Rule 3 of the UP Minor Minerals (Concession) Rules, 1963, and the requirement to demonstrate the purpose of extrac....
The main legal point established in the judgment is the requirement for fair inspection procedures and the application of relevant legal provisions to determine the legality of excavation activities.
The court emphasized the importance of proving evidence as per the law and upheld the permissible limit of excavation as per the State authorities.
The judgment establishes that mining authorities have the right to impose penalties for illegal mining activities based on evidence collected during inspections, and that due process must be followed....
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 emphasized the importance of providing a fair hearing to the petitioner before making a final decision on the show cause notice.
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