AI Overview...
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Tahsildar's Authority - The Tahsildar does not possess the legal authority to impose penalties on stock of murrum or other minor minerals. Penalties and orders related to mineral extraction or transport are governed by specific statutes and rules, and the Tahsildar's powers are limited to administrative and regulatory functions, not penal sanctions. Director General (Road Development) National Highways Authority Of India VS Aam Aadmi Lokmanch - Supreme Court, SAYYED IQBAL SAYYED SAFDAR vs THE STATE OF MAHARASHTRA AND OTHERS - Bombay, PRAVEEN KAKAR VS MINISTRY OF ENVIRONMENT AND FOREST - National Green Tribunal, PRAVEEN KAKAR VS MINISTRY OF ENVIRONMENT AND FOREST - National Green Tribunal
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Legal Framework for Mineral Regulation - The Central Government has declared certain minerals, including murrum, as minor minerals, subject to regulation under rules like Rule 38-C concerning storage and transportation. However, enforcement actions such as penalties require adherence to statutory provisions, and no provision authorizes a Tahsildar to unilaterally impose penalties on stock without following due legal process. M. R. M. Ramaiya Enterprises Private Limited, represented by its Managing Director, M. R. M. Ramaiya VS District Collector, Thoothukudi - Madras, AJIT KUMAR VS STATE OF MADHYA PRADESH - National Green Tribunal, D. P. Jain and Company Infrastructure Pvt. Ltd VS Union of India - Bombay
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Penalties and Orders - Penalties for non-compliance with orders from authorities like the Tribunal or under the NGT Act are prescribed explicitly within the statutes (Sections 26 and 28 of NGT Act). Such penalties are not to be imposed arbitrarily by Tahsildars, especially on stock of minor minerals like murrum, without proper legal backing. No provision supports Tahsildar's authority to order penalties on mineral stock outside the prescribed legal process. PRAVEEN KAKAR VS MINISTRY OF ENVIRONMENT AND FOREST - National Green Tribunal, PRAVEEN KAKAR VS MINISTRY OF ENVIRONMENT AND FOREST - National Green Tribunal
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Judicial View - Courts have clarified that enforcement of rights and penalties must follow statutory provisions. The right to seek relief or challenge orders is rooted in the appellant's own legal rights, not in arbitrary administrative orders by Tahsildars. The courts have consistently held that penalties must be imposed as per law, not through unilateral administrative orders. Director General (Road Development) National Highways Authority Of India VS Aam Aadmi Lokmanch - Supreme Court, SAYYED IQBAL SAYYED SAFDAR vs THE STATE OF MAHARASHTRA AND OTHERS - Bombay, AJIT KUMAR VS STATE OF MADHYA PRADESH - National Green Tribunal
Analysis and Conclusion:
Based on the legal references, the Tahsildar does not have the authority to order penalties on stock of murrum or other minor minerals. Penalties and enforcement actions must adhere strictly to statutory provisions, and any such penalties imposed unilaterally by Tahsildars would be unlawful. Therefore, a Tahsildar cannot rightfully order penalties on stock of murrum without following due legal process and within the scope of their authority.
Search Results for "Tahsildar has Not Right to Order for Panalty on Stock of Murrum"
2020 0 Supreme(SC) 445 • India - Supreme Court
ROHINTON FALI NARIMAN, S.RAVINDRABHAT, V.RAMASUBRAMANIAN
The court further held that no individual or entity could claim any absolute right and contend that he could develop or construct ... of the directions issued by the State of Maharashtra under Section 154 of the MRTP Act, the third party appellants challenge the order ... Paras 71, 72, 75, 76, 84, 87, 90 and 91) (D) Administrative Law – Natural Justice – Though an administrative order ... In that situation, the legislature, while recognising the private right vested in an injured individual, may intend that it shall be m....
2016 0 Supreme(Bom) 842 • India - Bombay
S.C.DHARMADHIKARI, G.S.KULKARNI
Final Decision: The High Court upheld the CESTAT order, holding that the repair and maintenance of runways were not covered ... The petitioner filed a writ petition in the High Court challenging the CESTAT order. ... Finding of the Court: The High Court upheld the CESTAT order, holding that the repair and maintenance of runways were ... for excavating the material which was required for road making, namely quarrying of metal, murrum etc. from a place situated away from the actual place where the road....
2017 0 Supreme(Mad) 3131 • India - Madras
R.MAHADEVAN
Additionally, the Central Government has declared the following minerals as minor minerals: (i) boulder, (ii) shingle, (iii) chalcedony pebbles used for ball mill purposes only, (iv) lime shell, kankar and limestone used in kilns for manufacture of lime used as building material, (v) murrum ... ... Rule 38-C: "38-C.Storage and transport of sand.-(1) (a) No person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of Licensee duly authenticated by the Taluk headquarters Deputy Tahsildar [or As....
• India - Bombay
The learned AGP submits that as a final order is passed by the Tahsildar, Nandurbar dated The Tahsildar, granted by the Tahsildar within a period of fifteen days vehicle or confiscation of the vehicle under a Panchanama, in absence of the Tahsildar
2016 0 Supreme(Bom) 839 • India - Bombay
S.C.DHARMADHIKARI, G.S.KULKARNI
for excavating the material which was required for road making, namely quarrying of metal, murrum etc. from a place situated away from the actual place where the road was to be laid. ... Larsen and Toubro Ltd. 2015 TIOL 187 SC-ST ... (v) Tahsildar Singh and Anr. vs. State of U.P. 1959 Supp (2) SCR 875 ... 49. Mr. Jetly appearing for the respondents fully supports the impugned order. Mr. ... Sridharan, based on the judgment of the Hon'ble Supreme Court of India in the case of Tahsildar Singh (supra) cannot be accepted. ......
• India - National Green Tribunal NEW DELHI (PRINCIPAL BENCH)
Further, Tehsildar has been deputed for recovery of compensation imposed by CGWA. Tribunal’s order dated 05.02.2020 31. ... The penalty for failure to comply with an order of the Tribunal entails the penalty prescribed in Sections 26 and 28 of the NGT Act. 61. ... It is well settled that when a statute or a statutory rules prescribed a penalty for any act or omission, no other penalty not contemplated in the statute or a statutory rules can be impos....
2022 Supreme(Online)(NGT) 202 • India - National Green Tribunal NEW DELHI (PRINCIPAL BENCH)
There is no provision in the NGT Act for deposit of security to secure compliance of an order of the Tribunal. The penalty for failure to comply with an order of the Tribunal entails the penalty prescribed in Sections 26 and 28 of the NGT Act. ... An order of stay cannot be presumed to be conferment of additional right upon the litigating party. ... It is well settled that when a statute or a statutory rules prescribed a penalty for any act or omission, no other #HL....
2022 Supreme(Online)(NGT) 1672 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
Additionally, the Central Government has declared the following minerals as minor minerals: (i) boulder, (ii) shingle, (iii) chalcedony pebbles used for ball mill purposes only, (iv) limeshell, kankar and limestone used in kilns for manufacture of lime used as building material, (v) murrum ... The legal right that can be enforced must ordinarily be the right of the Appellant himself, who complains of infraction of such right and approaches the Court for relief as regards the same. (Vide: State of Orissa v. ... Delhi #HL_....
2022 Supreme(Online)(NGT) 1679 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
Additionally, the Central Government has declared the following minerals as minor minerals: (i) boulder, (ii) shingle, (iii) chalcedony pebbles used for ball mill purposes only, (iv) limeshell, kankar and limestone used in kilns for manufacture of lime used as building material, (v) murrum ... The legal right that can be enforced must ordinarily be the right of the Appellant himself, who complains of infraction of such right and approaches the Court for relief as regards the same. (Vide: State of Orissa v. ... Delhi #HL_....
2022 Supreme(Online)(NGT) 1632 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
Additionally, the Central Government has declared the following minerals as minor minerals: (i) boulder, (ii) shingle, (iii) chalcedony pebbles used for ball mill purposes only, (iv) limeshell, kankar and limestone used in kilns for manufacture of lime used as building material, (v) murrum ... The legal right that can be enforced must ordinarily be the right of the Appellant himself, who complains of infraction of such right and approaches the Court for relief as regards the same. (Vide: State of Orissa v. ... Delhi #HL_....
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