Case Note & Summary
The petitioners, Prakash Tumdu Chaudhari and Sujit Prakash Gujrati, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the seizure of a tractor (MH-18-A-9229) and the subsequent show cause notice dated 15.12.2018 and order dated 31.12.2018 passed by the Tahsildar, Nandurbar. The tractor was seized on 18.11.2018 while transporting murum (a minor mineral) without a royalty receipt. The petitioners contended that the tractor was owned by petitioner No.2 and lent to petitioner No.1 for personal use to collect murum from an agricultural field to fill potholes in front of his house. The Mining Officer seized the tractor and issued a show cause notice under Section 48(8)(1) of the Maharashtra Land Revenue (MLR) Code, demanding a fine of Rs. 1,04,300/-. The petitioners argued that the transportation was for personal use and not for commercial purposes, and thus the seizure and penalty were illegal. The court, after hearing the parties, quashed the show cause notice and the order imposing fine, and directed the release of the tractor. The court held that the use of the tractor for personal purpose without royalty receipt does not attract penalty under the MLR Code.
Headnote
A) Mining Law - Seizure of Vehicle - Minor Minerals - Section 48(8)(1) of Maharashtra Land Revenue Code, 1966 - The petitioners challenged the seizure of a tractor and show cause notice/fine for transporting murum without royalty receipt. The court held that the tractor was used for personal purpose (filling potholes) and not for commercial mining, and the seizure and penalty were not justified. (Paras 1-4) B) Mining Law - Personal Use Exemption - Minor Minerals - Section 48(8)(1) of Maharashtra Land Revenue Code, 1966 - The court considered that the minor mineral was collected from an agricultural field for filling potholes, which is a personal use, and thus the requirement of royalty receipt does not apply. The show cause notice and order imposing fine were quashed. (Paras 3-4)
Issue of Consideration
Whether the seizure of a tractor and the imposition of a fine for transporting minor minerals (murum) without a royalty receipt, when the minerals were collected from an agricultural field for personal use (filling potholes), is sustainable under the Maharashtra Land Revenue Code, 1966.
Final Decision
The court quashed the show cause notice dated 15.12.2018 and the order dated 31.12.2018, and directed the respondents to release the tractor bearing No.MH-18-A-9229 to the petitioners.
Law Points
- Seizure of vehicle for transporting minor minerals without royalty receipt
- Show cause notice under Section 48(8)(1) of MLR Code
- Penalty for unauthorized mining
- Personal use exemption
- Quashing of notice and order
