DAVENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By virtue of the mining lease dtd. 7/3/2014, the petitioner was granted a mining lease for the period of five years to be operated from the land as included in Appendix-1 of the said lease dtd. 7/3/2014. As per the Appendix-1, which constituted part of the lease, it was naap land, which was belonging to the petitioner was under his ownership as was recorded in Shreni 1-ka, over which, the mining rights was given to be exercised by the petitioner.

(2.) The petitioner instead of conducting the mining operation over and on the area, lying over land in Shreni 1ka, i.e. khasra Nos. 32/1, 33 and 34, having a total area of 1.504 hectares, in fact, after removing the pillars, which was demarcated and placed by the mining authority, had rather in fact had started the excavation of the mining material, i.e. RBM from the river bed areas, which fell to be in Shreni 6 (1) of the Land Revenue Manual.

(3.) For the said purpose, an inspection was conducted and report has been submitted against the petitioner on 5/5/2014, 2 whereby, it has been recorded that the petitioner has illegally mined 16420 cubic meter of RBM from khasra No. 55/1, having a an area of 1.042 hectares recorded as Shreni 6 (1) and, hence, it was illegally mined from the area which was not falling within the area demarcated in his favour by the mining lease dtd. 7/3/2014, and as a consequence thereto, the respondents have determined the payment of royalty @ Rs.450.00 per cubic meter, which totalled to a sum of Rs.73,89,000.00.