NILESHBHAI SOMABHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of the present petition, has sought direction to quash and set aside the initiation of the proceedings against the petitioner under the provisions contained in Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 and 2017, and has sought further direction for release of his vehicle bearing Dumper No.GJ-6- ZZ-6741, by quashing and setting aside the order dated 23.5.2018 issued by the respondent No.2 - the Geologist, Mines and Mineral Department, Vadodara.

(2.) As per the case of the petitioner, he is the owner of the vehicle in question. The said vehicle was seized by the respondent No.2 vide the Seizure Memo dated 8.10.2017. The petitioner was also served with the Notice dated 9.10.2017, calling upon him to show cause as to why the proceedings under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 (hereinafter referred to as "the Rules of 2005") should not be initiated for the illegal transportation of the simple sand carried in the said vehicle. According to the petitioner, the petitioner had a valid royalty pass, and therefore, had made application under Rule 18 of the said Rules of 2005 to release the said vehicle, however, the same was not released. The petitioner, therefore, filed a petition being Special Civil Application No.19276 of 2017, seeking direction against the respondents to release the said vehicle. The Court vide the order dated 17.10.2017 disposed of the said petition, directing the respondent authority to consider and decide the application of the petitioner for release of the vehicle in question under Rule 18 of the said Rules 2005 and directed the petitioner to furnish the bond as per Form-L as required under the said Rules. It was clarified that the proceedings of penalty recoverable under the Mines and Mineral (Regulation and Development) Act, 1957 and the Rules of 2005 shall continue against the petitioner in accordance with law. Accordingly, the petitioner executed the bond in the prescribed Form-L and submitted before the respondent authority. However, in the meantime, i.e. before this Court passed the order on 17.10.2017, the respondent No.2 rejected the petitioner's application vide the order dated 16.10.2017 and directed the petitioner to pay the penalty of Rs. 46,450/- within three days.

(3.) According to the petitioner, the said order dated 16.10.2017 was passed by the respondent No.2 without considering the fact that the petitioner was already holding a valid and legal royalty pass for transportation of the sand in question. The respondent No.2 thereafter passed another order on 25.10.2017 pursuant to the order dated 17.10.2017 passed by this Court in Special Civil Application No.19276 of 2017, again rejecting the application of the petitioner for release of the vehicle under Rule 18 of the said Rules of 2005, on the ground that as per the new Rules of Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter referred to as "the Rules of 2017"), the petitioner was required to pay the penalty or furnish the bank guarantee as per Rule 12(6) thereof for release of the vehicle. The petitioner being aggrieved by the said order, therefore, filed Special Civil Application No.21959 of 2017, challenging the order dated 25.10.2017. The Court vide the order dated 14.5.2018 disposed of the said petition, directing the petitioner to approach the respondent authority forthwith and directing the respondent authority to take decision within three days after examining and complying with the prevailing Rules. The respondent No.2 thereafter passed the impugned order on 25.2018, directing the petitioner to pay the penalty for compounding the offence as per Rule 12 or furnish the bank guarantee under Rule 12(6) of the said Rules of 2017. Being aggrieved by the said order, the present petition has been filed.