Case Note & Summary
The petitioner, Harihar Puri, owned a truck (MH30AV1008) that was intercepted by the Tahsildar, Armori on 24 September 2018 while transporting sand. The truck had a transit permit for 5 brass of sand but was carrying 10 brass. The Tahsildar seized the vehicle and sand under Section 48(7),(8) of the Maharashtra Land Revenue Code, 1966 (MLR Code). The petitioner contended that the excess sand was purchased from a lawful licensee who had obtained rights through auction, and thus the State had no right over the sand, making the provisions inapplicable. The respondents argued that no proof of lawful source was provided. The Court examined the scope of Section 48(7),(8) and held that these provisions apply only when sand is illegally excavated or transported, indicating the State's continuing right. If the sand is from a lawful source where the State has assigned its rights, the provisions are not attracted. The Court directed the Tahsildar to release the truck and sand to the petitioner upon production of documents proving lawful source, subject to verification and without prejudice to any other proceedings. The writ petition was allowed in those terms.
Headnote
A) Land Revenue - Seizure and Confiscation - Section 48(7),(8) Maharashtra Land Revenue Code, 1966 - Applicability - The provisions apply only when sand is illegally excavated or illegally transported, indicating that the State Government continues to have a right over the sand. They cannot be invoked when the State has already assigned its right to a licensee and the sand is purchased from such lawful source, even if transported in excess of the permit. (Paras 5-6) B) Natural Resources - Sand Mining - Transit Permit - Excess Transport - The petitioner's truck was intercepted carrying 10 brass of sand against a permit for 5 brass. The excess 5 brass was allegedly purchased from a lawful licensee. The Court held that if the sand is from a lawful source, the State has no right and Section 48(7),(8) is not attracted. (Paras 3-6) C) Writ Petition - Release of Seized Property - Direction to Tahsildar - The Court directed the Tahsildar to release the seized truck and sand to the petitioner upon production of documents proving lawful source, subject to verification and without prejudice to any other proceedings. (Para 6)
Issue of Consideration
Whether the provisions of Section 48(7) and (8) of the Maharashtra Land Revenue Code, 1966 are attracted when sand is transported in excess of the transit permit but sourced from a lawful licensee, thereby divesting the State of its right over the sand.
Final Decision
The Court allowed the writ petition and directed the Tahsildar to release the seized truck and sand to the petitioner upon production of documents proving lawful source, subject to verification and without prejudice to any other proceedings.
Law Points
- Section 48(7)
- (8) of Maharashtra Land Revenue Code
- 1966 applies only when sand is illegally excavated or transported
- not when excess sand is transported from a lawful source where State has no right
