VIJAY DAMJI DANGER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution Of India is filed with a prayer to quash and set aside the notice dated 16.07.2020 issued by the Respondent No.2 authority under the provisions of Gujarat Mineral (Prevention Of Illegal Mining, Transportation and Storage) Rules, 2017. (hereinafter referred to as "Rules 2017")

(2.) The case of the Petitioner is that he is the owner of the Trolley No. GJ-12 BW-3690. On 15.07.2020, the vehicle was seized. Thereafter, one notice dated 16.07.2020 was issued by the Respondent No.2 which is annexed to the Petition. It is the case of the Petitioner that as per the notice, total penalty of Rs.4,14,891/- of which penalty for illegal mining was Rs.2,14,850 and compounding fee of Rs.2,00,000 and also Rs.4228 for environment compensation.

(3.) Ms. Kruti Shah appearing for the Petitioner would submit that the Petitioner has not committed any offence under the Rules of 2017. The vehicle was not used in illegal mining. Relying on Rule 12 of the Rules Ms Shah would submit that the charge has not been committed and no complaint has been filed before the Magistrate within 15 days after the seizure and therefore the Vehicle ought to be released. She would rely on the decision in Special Civil Application No.9203 of 2020 dated 26.08.2020, where the Rules of 2017 both pre-amendment and post- amendment have been considered and the Court having considered the salient features of the Rules allowed the petition by observing as under.