The cancellation of the license issued under the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rule, 2019, and the availability of a remedy under Rule 22 of the Rules of 2019 for aggrieved parties to file an appeal.

JUDGMENT

Sanjay Yadav, J. - Petitioner challenges the communication No.1950/865/ 2020/12/1 dated 26.05.2020 issued by Department of Mineral Resources, Govt. of Madhya Pradesh, addressed to Collectors of all Districts in the State of Madhya Pradesh. The petitioner also seeks direction to permit him to sell 1620 MTs sand stored over a land bearing Khasra No.297/2 admeasuring 1.619 hectare situated at Village Tala Gram Panchayat Badkhera Tahsil Chandia District Umaria (M.P.). And, to permit him to store and trade of minor mineral as per licence dated 05.10.2018, issued by the Competent Authority for a period of 5 years. The petitioner also seeks cost of petition amounting Rs.5 lakhs.

2. Evidently, the impugned communication is in furtherance to the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rule, 2019 (for short "Rules of 2019"), framed by the State Government in exercise of the powers conferred by Section 15 and Section 23C read with Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 vide Notification No.F 19-2/2019/XII-1 published in Madhya Pradesh Gazette dated 30.08.2019.

3. With the advent of Rules of 2019, the provisions relating to mineral sand contained in Madhya Pradesh Minor Mineral Rules, 1996, Madhya Pradesh (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 and Madhya Pradesh Sand Rule, 2018 stood repealed to the extent where it does not transgress the Rules of 2019.

4. That, Rule 18 of Rules of 2019 makes provisions regarding jurisdiction of the Collector for special permission for disposal of quantity upto 1.00 lakh cubic meter sand stored legally. It is in order to regulate the same, the State Government issued the impugned guidelines which is reproduced for ready reference :

5. Grievance of the petitioner is that having being granted licence for sand mining, transportation, storage and trading under the Rules of 2018 on 05.10.2018 and ID Password given on 06.02.2019 for purchasing the sand, in pursuance whereof, having stored 1630 MTs, the petitioner is not allowed to transport and sell the same because of the stoppage of ID password in June, 2019. It is urged that through the petitioner was subjected to show cause notice on 19.07.2019 as regard to less quantity of 51.04 MTs (1671.04 MTs shown online 1620 MTs found on the spot on physical verification); however, since no action has been taken thereon and vide letter No.1420/[kfut/2019, Umaria dated 13.09.2019, the petitioner being called upon to obtain ETP from M.P. Pollution Control Board. Abiding by the same, the petitioner having obtained the consent of Pollution Control Board on 21.10.2019 with its validity till 22.11.2019. It is urged that despite all formalities, the petitioner has not been granted the permission to sell the sand duly stored over his land. The petitioner, it is contended, apprehends the confiscation of sand in terms of the impugned communication.

6. It is in the wake of these facts, the petitioner seeks following reliefs :

(1) To quash Annexure P/1 dated 26.05.2020 in so far as it concerns the petitioner;

(2) To order the respondents to permit the petitioner to sell his sand (1620 MTs) which petitioner has purchased as per his licence Annexure P/3 for which appropriate permission and user id and password may be ordered to be given to the petitioner by the respondents;

(3) To order the respondents to continue the licence of the petitioner Annexure P/3 for a period of 5 years invoking its powers under Rule 25 of the Rules of 2019 (P/2);

(4) To direct the respondents to pay costs to the petitioner to the tune of Rs.5 lakhs; and

(5) To pass such other order as may deem fit under the circumstances of the case.

7. As to Relief No.3, whereby the petitioner seeks continuation of the licence issued on 05.10.2018, the same cannot be granted in view of the stipulations contained in sub-rule (1) of Rule 18 of the Rules of 2019 which stipulates :

18. Storage of mineral sand.-

(1) All the