UMA STONE CRUSHING COMPANY Vs. STATE OF UP

JUDGEMENT

(1.) The short question that arises for consideration in this petition is whether under Rule 13 of the UP. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2002 (in brief the Rules 2002) the stored minerals (boulders) could be seized by the respondents simultaneously while issuing a show cause notice by the Mines Officer.

(2.) The petitioner was granted a mining lease on 23.3.2006 on part of plot No. 7347 Ka area 1.25 acre by the District Magistrate, Sonebhadra under Form MM3 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The lease was fora period of ten years from 23.3.2006 to 23.3.2016. Form MM11 was issued for mining as well as for transportation of boulder and Gitti. According to the petitioner he did not violate any terms of the mining lease and his stone crusher was installed on the boundary at a distance of 70 meters from the mining quarry within the mining area leased out to the petitioner. The boulders were kept on the mining area of the petitioner which were being crushed by the petitioner and Gitti was manufactured.

(3.) It appears that on the basis of some complaint dated 9.4.2010 by one Anoop Tripathi the stone crusher was inspected by the respondents and it was found that boulders were lying near the crushing machine which was being crushed by the petitioner and Gitti was manufactured which was to be transported. The Mining Officer/District Magistrate, Sonebhadra issued a show-cause notice to the petitioner on 19.4.2010 stating therein that the petitioner has illegally stored 11500 sq.m. of Gitti and 4500 sq. m. boulders. The petitioner had no licence to store boulders and the petitioner was asked to furnish information that the boulders were obtained by the petitioner from which mining lease holders; under which agreement they have supplied the boulders to the petitioner; if Gitti have been transported by the petitioner then copies of Form MM 11 be furnished; the details of name and address of the mining lease holders who have supplied boulders to the petitioner be also furnished. In the show-cause notice it was also stated that the petitioner has been carrying out illegal mining operation and therefore stock of boulders found near the crusher of the petitioner as mentioned above was seized by the mining officer while issuing show-cause notice on 19.4.2010.