ANEES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner is challenging the order dtd. 20/4/2019 whereby Commissioner Garhwal Mandal was pleased to dismiss the appeal of the petitioner thereby confirming the order dtd. 17/12/2018 passed by District Magistrate, Hardiwar for recovery of Rs.43,93,200.00 against five persons including the petitioner.

(2.) Brief facts of the present case inter alia are that on 1/5/2018, one Pankaj Kumar sought permission from the District Magistrate, Haridwar for removal of soil from land bearing Khata No. 22 Khasra No. 504/7 measuring 0.5530 hectare. On 28/6/2018, District Magistrate, Haridwar granted permission to remove 1000 cubic metre soil from the aforesaid land subject to payment of royalty. On 10/8/2018, Revenue Inspector submitted his report to the Tehsildar to the effect that permission was granted only to remove 1000 cubic metre of soil but 8624 cubic metre soil has been removed. Deputy Director, Mining calculated the penalty on aforesaid excess mining. District Magistrate issued order for recovery of Rs.43,93,200.00 against five persons including the petitioner. Petitioner challenged the order of District Magistrate before Commissioner Garhwal Mandal, who dismissed the appeal. Feeling aggrieved, petitioner approached this Court.

(3.) Heard Mr. A.K. Sharma, Advocate for the petitioner and Mr. Gajendra Tripathi, Brief Holder for the State of Uttarakhand and perused the record.