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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Kisan Stone Crusher – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. validity of quarry lease process and allegations. (Para 2) |
| 2. challenging imposition of penalties under the mmdr act and rules. (Para 3 , 4) |
| 3. reference to prior decisions supporting petitioner's claims. (Para 5) |
| 4. discussion on the powers granted under the mmdr act. (Para 8 , 9) |
| 5. examination of previous court rulings and analogies. (Para 11 , 12 , 13) |
| 6. argument against the applicability of specific judicial precedents. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 7. conclusion regarding the legality of penalties imposed. (Para 21) |
ORDER :
1. This Court vide order dated 14.11.2023 allowed this Writ Petition. However, upon Review Application (I.A. No. 1 of 2024) being filed by respondents, vide order dated 31.01.2025, this Court allowed the same and recalled the order dated 14.11.2023 with a direction to respondents to file counter affidavit in the Writ Petition. After filing counter by the State and reply by petitioner, this Court has taken up the present Writ Petition for final disposal with the consent of both the parties.
2. The case of petitioner is that pursuant to the Application made for grant of quarry lease for building stone & road metal over an extent of 1.00
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
Power of State Governments to make rules in respect of minor minerals and rules for preventing illegal mining, transportation and storage of minerals - State Government has no legislative competence ....
The issuance of a demand notice without providing an opportunity for a hearing violates the principles of natural justice, necessitating its annulment and remand for proper inquiry.
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
Advocates appeared :For the Appellant : Naman Nagrath, Sparsh Prasad For the Respondent : Pushyamitra Bhargav
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