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Bombay High Court Quashes Seizure and Fine in Minor Mineral Transport Case — Tractor Carrying Murum for Filling Potholes Not Illegal Mining. Use of Tractor for Personal Purpose Without Royalty Receipt Does Not Attract Penalty Under Maharashtra Land Revenue Code, 1966.

The petitioners, Prakash Tumdu Chaudhari and Sujit Prakash Gujrati, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Quashes Penalty Orders for Unauthorized Minor Mineral Extraction Due to Violation of Natural Justice. Show cause notices and final orders under Section 48(7) and (8) of Maharashtra Land Revenue Code, 1966 set aside for non-compliance with principles of natural justice.

The petitioners, M/s. Royale Urbanspace and its partners, owned land bearing Survey No.44/1 at Mouje Borsheti, Taluka Shahapur, District Thane. In 201...

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Bombay High Court Allows Petitions Challenging Royalty on Ordinary Earth — Notification Dated 03.02.2000 Declared Ultra Vires. Ordinary Earth Not a Mineral Under Section 3(e) of Mines and Minerals (Development and Regulation) Act, 1957.

The petitioners, M/s. Utkal Highways and others, were partnership firms engaged in excavation of ordinary earth. They challenged the notification date...

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Bombay High Court Allows Writ Petition Challenging Royalty Demand on Excavated Material from Development Site. Tahsildar lacks jurisdiction to levy royalty under Section 48 of Maharashtra Land Revenue Code, 1966 for excavation during construction pursuant to valid development permission.

The petitioner, Paranjape Schemes (Construction) Ltd., a company engaged in real estate development, filed a writ petition before the Bombay High Cour...

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Bombay High Court Allows Petition Quashing Tahsildar's Order Levying Royalty on Excavated Material for Construction. Section 48 of Maharashtra Land Revenue Code, 1966 Does Not Empower Tahsildar to Levy Royalty on Material Excavated for Building Foundation or Plinth.

The petitioner, P.S.C. Pacific, a registered partnership firm, filed a writ petition before the Bombay High Court challenging an order dated 11/8/2010...