Demand notices for illegal mining without prior hearing violate natural justice; must be remanded for show cause and personal hearing.

ORDER

This writ petition has been filed challenging the impugned demand notice dated 19.02.2020 issued by the 3^rd respondent.

2. The learned counsel for the petitioner would submit that in this case, the 3^rd respondent had issued the impugned demand notice for a sum of Rs.82,78,006/- towards the cost of mineral alleging that the petitioner had quarried and removed the granite blocks without environmental clearance. 3. Further, he would contend that no opportunity was provided to the petitioner prior to the issuance of the said demand notice, which is a clear violation of principles of natural justice. Hence, he requests this Court to pass appropriate orders.

4. In reply, the learned counsel appearing for the respondent had confirmed the above submissions and would request this Court to pass appropriate orders. Further, he would suggest this Court that the impugned demand notice may be treated as a show cause notice and the petitioner may be directed to file their reply, so as to enable the respondent to consider the same and dispose of the matter in accordance with law.

5. Heard the learned counsel for the petitioner and the learned counsel for the respondent and also perused the materials available on record.

6. In the case on hand, the 3^rd respondent had issued the impugned demand notice for a sum of Rs.82,78,006/- towards the cost of mineral alleging that the petitioner had quarried and removed the granite blocks without environmental clearance.

7. Further, it was submitted that no sufficient opportunities were provided to the petitioner prior to the issuance of said demand notice. In such case, there is no doubt that the impugned demand notice was issued in violation of principles of natural justice and hence, the same is liable to be set aside.

Accordingly, this Court passes the following order:-

(i) The impugned demand notice dated 19.02.2020 is set aside and the matter is remanded to the respondent for fresh consideration (ii) The petitioner is directed to consider the aforesaid demand notice dated 19.02.2020 as a show cause notice issued by the respondent and file their reply/objection along with the required documents, if any, within a period of four weeks from the date of receipt of copy of this order.

(iii) On filing of such reply/objection by the petitioner, the respondent shall consider the same and issue a 14 days clear notice, by fixing the date of personal hearing, to the petitioner and thereafter, pass appropriate orders on merits and in accordance with law, after hearing the petitioner, within a period of 8 weeks from the date of filing of reply by the petitioner.

8. With the above directions, this writ petition is disposed of. No costs.