J U D G M E N T

Ext.P2 order in these cases are under challenge. By these orders, 1st respondent has imposed value of Rs.35,000/- each and fine of Rs.25,000/- each on the respective petitioners in exercise of the powers under Rule 27 of the Protection of River Banks and Regulation of Removal of Sand Act and Rules, 2001. The impugned orders are identically worded and the basis of imposition of value and penalty is that the petitioners have violated Rule 29(8) of the aforesaid rules.

2. In Ext.P2 order of the District Collector it is stated that: From this, it is evident that the vehicles involved in these cases were not seized at the time when they were engaged in the transportation of river sand.

WPC Nos.32781 & 33172/07

3. Rule 27 of the rules provide that the Police or Revenue officials shall seize the vehicle used for transportation of sand in violation of the provisions of the Act and Rules. It is such vehicles, which are used for transportation and seized by the police or revenue officials which are liable for confiscation under Rule 27. If it is liable for such confiscation, then only the District Collector is authorized to levy the value and fine in lieu of such confiscation. Si