Case Note & Summary
The judgment involves two writ petitions challenging orders passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966. In Writ Petition No.7056 of 2018, the petitioner, M/s. Shri Hariom Krishi Kendra, challenged an order dated 26-9-2018 passed by the Additional Collector, Chandrapur imposing a penalty of Rs.2,13,44,400/- for unauthorized extraction of 2,541 brass of sand from unallotted survey numbers. In Writ Petition No.4268 of 2018, the petitioner, Rajesh Deorao Gandhare, challenged an order dated 12-2-2018 passed by the Sub-Divisional Officer, Warora seizing and confiscating his vehicles (tractor). The common issue was that both orders were passed without affording any opportunity of hearing to the petitioners, violating principles of natural justice. The court noted that the orders were passed ex parte without notice. The court held that the impugned orders are unsustainable and set them aside. The matters were remanded back to the respective authorities for fresh consideration after giving an opportunity of hearing to the petitioners. The court directed that the vehicles seized in WP No.4268/2018 be released to the petitioner subject to furnishing a bank guarantee or cash security of the amount assessed by the authority. The court also directed that the penalty proceedings in WP No.7056/2018 be decided afresh after hearing the petitioner.
Headnote
A) Natural Justice - Right to be heard - Section 48(7) Maharashtra Land Revenue Code, 1966 - Penalty for unauthorized extraction of sand - The Additional Collector imposed a penalty of Rs.2,13,44,400/- without giving notice or hearing to the petitioner. The court held that the order was passed in violation of principles of natural justice and set it aside, remanding the matter for fresh consideration after hearing the petitioner. (Paras 1-3) B) Natural Justice - Confiscation of vehicles - Section 48(7) Maharashtra Land Revenue Code, 1966 - The Sub-Divisional Officer seized and confiscated vehicles without affording an opportunity of hearing. The court held that such orders are unsustainable and set aside the confiscation, directing release of vehicles subject to compliance of conditions. (Paras 2-3)
Issue of Consideration
Whether the orders imposing penalty and confiscation of vehicles under Section 48(7) of the Maharashtra Land Revenue Code, 1966 are sustainable when passed without affording an opportunity of hearing to the petitioners.
Final Decision
Both writ petitions are allowed. The impugned orders are quashed and set aside. The matters are remanded back to the respective authorities for fresh consideration after affording an opportunity of hearing to the petitioners. In WP No.4268/2018, the seized vehicles shall be released to the petitioner upon furnishing a bank guarantee or cash security of the amount assessed by the authority.
Law Points
- Natural Justice
- Right to be heard
- Section 48(7) Maharashtra Land Revenue Code
- 1966
- Penalty for unauthorized extraction
- Confiscation of vehicles
