ULTRATECH CEMEN LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by the present petition has challenged the impugned action of the respondent Geologist and the Collector in locking down the All Time Royalty Pass (E-Delivery Challan) (hereinafter referred to as "the ATR"), qua the petitioner's mining lease (ML No.769).

(2.) Heard the learned Sr. Advocate Mr.Mihir Joshi for the petitioner and the learned AGP Mr.Tirthraj Pandya for the respondents.

(3.) Having regard to the submissions made by the learned Advocates for the parties and to the documents on record, it appears that on the basis of a complaint received by the Geologist alleging that the petitioner was illegally mining Pozzolana Clay in a couple of pits within its Seva Gram Unit, under the limestone mining lease granted to the petitioner, the petitioner was called upon by the Geologist to attend the spot inspection scheduled on 5.7.2017 to investigate into the allegations made in the said complaint. It further appears that the representative of the petitioner had remained present on the spot and thereafter again further investigation was carried out by the Geologist. The petitioner was also served with the communication/notice dated 20.12.2017 alleging that there was breach of Rules 3 and 5 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 (hereinafter referred to as "the said Rules") and the petitioner was liable to make payment of Rs. 2,60,83,502/-. The petitioner replied to the said notice by remaining present before the Geologist. It further appears that thereafter the Geologist along with the Collector passed the order dated 16.5.2018 under Rule 21(3) of the said Rules holding inter alia that the petitioner had carried out illegal mining of Pozzolana clay in breach of the said Rules and directed the petitioner to pay Rs. 2,60,83,502/- within 30 days of the receipt of the said order. Being aggrieved by the said order, the petitioner has filed an appeal before the Additional Director (Appeal) under Rule 18(1) read with Rule 18(3) of the said Rules on 14.6.2018. The petitioner also filed an interim application on 26.6.2018 seeking stay of the order dated 16.5.2018, pending the said appeal. However, according to the petitioner the ATR for the said mining lease of the petitioner was locked down by the Geologist and the Collector on the ground of non-payment of the amount demanded in the order dated 16.5.2018. Hence, the present petition has been filed.