AI Overview...
Release of Vehicle in MMRD Act Rajasthan
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Court Authority to Release Vehicles - A competent court can accept payments and order the release of vehicles involved in violations under the Mines and Minerals (Development and Regulation) Act, 1957 (MMRD Act). Specifically, under Section 21(1) and 21(4-A), vehicles such as trucks involved in illegal mining or transportation can be released after payment of penalties or fines. For example, a Rajasthan court permitted the release of a truck involved in an offense under Section 21(4) of the MMRD Act on 26th September 2016 Rakesh Raiger VS State of Rajasthan - Rajasthan.
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Legal Procedures for Vehicle Release - The release process often involves depositing the necessary fees or penalties, after which the vehicle is released. The rules emphasize that the vehicle's involvement in illegal mining or transportation is a key factor, and payment of dues is essential for release Rakesh Raiger VS State of Rajasthan - Rajasthan, Chhatarpur Crasher Association VS State of U. P. - Allahabad.
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Jurisdiction and Authority - Only designated authorities such as the Collector have the jurisdiction to impose penalties or order vehicle seizures related to unauthorized mineral transportation. Tehsildars lack the authority to impose penalties independently under the relevant rules Ramchandra VS State of Rajasthan - Rajasthan.
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Regulatory Rules and Restrictions - Rules such as the Rajasthan Minor Mineral Concession Rules, 1986, and the Rajasthan Land Revenue Act, 1956, govern penalties and procedures. Imposition of regulatory fees and penalties are considered reasonable restrictions in public interest, facilitating vehicle release after compliance Ramchandra VS State of Rajasthan - Rajasthan, Chhatarpur Crasher Association VS State of U. P. - Allahabad.
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Legal Precedents and Cases - The Supreme Court and Rajasthan courts have upheld the authority of authorities to impose penalties and release vehicles involved in illegal mining activities, provided the prescribed procedures are followed and dues are paid Rakesh Raiger VS State of Rajasthan - Rajasthan, Ramchandra VS State of Rajasthan - Rajasthan.
Additional Insights
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Impact of Non-Release - Non-release of vehicles and payments can hinder development projects and enforcement efforts, highlighting the importance of timely compliance and judicial intervention Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India - Himachal Pradesh.
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Related Laws and Environment Regulations - Other laws such as the Forest Act, 1927, and pollution control acts also intersect with mineral transportation, emphasizing environmental and conservation considerations in the release process NTPC LIMITED VS STATE OF U. P. - Allahabad, Vedanta Limited, Unit: Sterlite Copper, Rep. , by its General Manager-Legal, SIPCOT Industrial Complex, Tamil Nadu VS State of Tamil Nadu, Rep. by the Principal Secretary, Environment and Forest Department, Secretariat, Chennai - Madras.
Conclusion
In Rajasthan, the release of vehicles involved in mineral transportation under the MMRD Act depends on court orders and compliance with prescribed penalties and fees. The judiciary and authorities like the Collector play crucial roles in ensuring lawful release, with procedures governed by the MMRD Act, Rajasthan mineral rules, and related environmental laws.
References: - Rakesh Raiger VS State of Rajasthan - Rajasthan - Ramchandra VS State of Rajasthan - Rajasthan - Chhatarpur Crasher Association VS State of U. P. - Allahabad - Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India - Himachal Pradesh - NTPC LIMITED VS STATE OF U. P. - Allahabad - Vedanta Limited, Unit: Sterlite Copper, Rep. , by its General Manager-Legal, SIPCOT Industrial Complex, Tamil Nadu VS State of Tamil Nadu, Rep. by the Principal Secretary, Environment and Forest Department, Secretariat, Chennai - Madras
Search Results for "Release of Vehicle in Mmrd Act Rajasthan"
2018 0 Supreme(Raj) 724 • India - Rajasthan
DEEPAK MAHESHWARI
- Held, competent court can accept the payment against the truck - Section 21 (1) the court is eligible to release the vehicle. ... Mines and Minerals (Development and Regulation) Act, 1957 - Section 21 (4-A) and Section 21(1) - Supardhari of truck was claimed ... State of Rajasthan” by the coordinate Bench of this Court on 26th September, 2016 whereby, the vehicle found involved for the offence under Section 21(4) of the MMRD Act was allowed to be released#....
2008 0 Supreme(Raj) 397 • India - Rajasthan
GIRISH K.PANDEY
Rajasthan Minor Mineral Concession Rules, 1986, Rules 48 to 52; Rajasthan Land Revenue Act, 1956, Sec. 89 to 91 — Jurisdiction of ... ground of unauthorised excavation on Govt. land — Held — Only the Collector of the District can impose penalty u/Sec. 89(7) of the Act ... — Tehsildar has no jurisdiction either under the act or the Rules to impose penalty by himself — The action of Tehsildar is without ... Act and MMC Rules are supplementary and cumulative in their operation and they ca....
2023 0 Supreme(All) 991 • India - Allahabad
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Challenged - Whether a prohibition on the transportation of legally mined materials can be imposed under the provisions of the MMRD ... Pradesh Minor Mineral (Concession) Rules, 2021 - Rule 21 (5) and Rule 72 (2) - Mines and Minerals (Regulation and Development) Act ... Act – Held, imposition of regulatory fees is undoubtedly a reasonable restriction imposed in public interest - Impugned rules and ... After deposit of the entire amount mentioned above the vehicle etc including minor mineral will be released#HL_....
2014 0 Supreme(UK) 133 • India - Uttarakhand
U.C.DHYANI
Protection of Women from Domestic Violence Act, 2005 — Criminal Proceedings under — Application u/s 482, Cr.P.C. — Held that applicant ... In the case of State of Rajasthan vs. Hat Singh, (2003) 2 SCC 152, a person was prosecuted for violation of prohibitory order issued by the Collector under Sections 5 and 6 of the Rajasthan Sati (Prevention) Ordinance, 1987. ... ... (4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any ....
2014 6 Supreme 209 • India - Supreme Court
M.Y.EQBAL, PINAKI CHANDRA GHOSE
(c) Mines and Minerals (Development and Regulation) Act ... In the case of State of Rajasthan vs. Hat Singh, (2003) 2 SCC 152, a person was prosecuted for violation of prohibitory order issued by the Collector under Sections 5 and 6 of the Rajasthan Sati (Prevention) Ordinance, 1987. ... ... (4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral, to....
2022 0 Supreme(HP) 539 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
The State of Rajasthan and others wherein while referring to Section 23-C of MMRD Act and the Sustainable Sand Mining Management Guidelines 2016 framed pursuant to directions issued in (2012) 4 SCC 629 titled Deepak Kumar Vs. ... Non release of payment to the contractors has adversely affected the progress of various development works. ... Under Rule 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, any type of vehicle, involved in carrying/transporting the material w....
2007 0 Supreme(Mad) 1377 • India - Madras
K.RAVIRAJA PANDIAN
Thus, every holder of a public office is a trustee whose highest duty is to the people of the country and, therefore, every act of ... the holder of a public office, irrespective of the label classifying that act, is in discharge of public duty meant ultimately for ... 2005 (7) SCC 725 upheld the retrospective withdrawal of the exemption notification issued under Section 5 of the Central Excise Act ... U.P.Seb, (1997) 7 SCC 251; State of Rajasthan v. Mahavir Oil Industries, AIR 1999 SC 2302, and MRF Ltd. v. Asst. Commiss....
2011 0 Supreme(All) 2992 • India - Allahabad
SUNIL AMBWANI, PANKAJ MITHAL
(A) (Indian) Forest Act, 1927—Sections 39(3), 41(1) (c), 42, 51, 76 and 80-A—U.P. ... Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972—Section 4—Mines and Minerals (Development and Regulation) Act, 1957—Section 2—U.P. ... Mines and Minerals (Concession) Rules, 1963—Forest produce—Transit fee—Levy of—Enhancement—Validity of—Applicability of 1927 Act ... (supra) relying upon Automobile Transport (Rajasthan) Ltd. v. ... Relying upon Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan#HL_END....
1997 6 Supreme 530 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
(Dissenting) ... Section 11(5) of the MMRD Act being prospective in nature ... of Forest Conservation Act or Environment (Protection) Act ? ... The FC Act, as amended by 1988 Act was enacted to check deforestation and conservation of forest. ... Maharda, IAS, a bureaucrat of Rajasthan Cadre, in his “History and Culture of Giriasias” of State of Rajasthan, has narrated the similar problems of tribals. ... 26. ... Maharda, IAS, a bureaucrat of #HL_STAR....
2020 0 Supreme(Mad) 730 • India - Madras
T.S.SIVAGNANAM, V.BHAVANI SUBBAROYAN
Constitution of India, 1950 - Article 226 - Air (Prevention and Control of Pollution) Act, 1981 - Section ... 21 - Water (Prevention and Control of Pollution) Act, 1974 - Section 25 - Hazardous and Other Wastes (Management and Transboundary ... Under Air Act, 1981 (i) The unit shall improve the fugitive control measure to ensure that no secondary fugitive emission is discharged at any stage, including at the points of material handing and vehicle movement area.” ... The District Collector has also issued a press #HL_STAR....
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