ASHARAF Vs. THE DISTRICT COLLECTOR, MALAPPURAM AND ORS.

JUDGEMENT

(1.) BOTH the writ petitions are concerned with the seizure of vehicles under the Mines and Minerals (Development and Regulation) Act, 1957 (for brevity 'MMDR Act, 1957') and the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules 2015 (for brevity, 'Transportation Rules, 2015').

(2.) BEFORE looking at the facts; the compelling contention urged on behalf of the petitioners is that the Transportation Rules 2015 having not provided for seizure, of a minor mineral in transportation; herein, specifically ordinary earth. The Transportation Rules, 2015 only authorises seizure and confiscation of minerals when such transportation is made against the provisions of the Act and Rules, argues Counsel. If that ground is upheld, then necessarily, the vehicles would have to be released without any conditions.

(3.) SPECIFIC reference is made to sub -section (1A) of Section 4 of the MMDR Act, 1957, which interdicts transportation of storage of any mineral otherwise than in accordance with the provisions of the Act, which again according to the learned Counsel takes in only minerals and not minor minerals. Section 13 of the MMDR Act, 1957 confers power on the Central Government to make rules in respect of minerals and Section 15 of the MMDR Act, 1957 on the State Government with respect to minor minerals, which distinction further highlights the manner in which the two categories have been dealt with differently in the MMDR Act, 1957. Under Section 13 of the MMDR Act, 1957, the Central Government itself has brought in the Mineral Concession Rules, 1960 and under Section 15 of the MMDR Act, 1957, the State Government brought in the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules, 2015).