SATYA DEO DIKSHIT Vs. STATE OF U P

JUDGEMENT

(1.) SHISHIR Kumar, J. The present writ petition has been filed in the nature of mandamus declaring the Uttar Pradesh Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2002, as prospective in its operation. Further a writ in the nature of mandamus directing the respondents not to interfere in the storage, selling and transporting of morrum, stored by the petitioners prior to coming into force of new Rules.

(2.) THE brief facts of the case are that the petitioners are traders of sand/morrum and gitti. Petitioner No. 1 stored minor minerals on plots No. 105 and 106 in village Badanpur, Tehsil and District Hamirpur for the purposes of selling it in the open market. Petitioner No. 2 has stored minerals on plots Nos. 76 and 77 belonging to one Sri Kamesh Chaurasiya in village Shitalpur, plots Nos. 78 and 333 belonging to one Sri Laxmi Narain Singh in Tehsil-Helapur and plot No. 354/2 belonging to one Sri Ram Kishun in village Kanauta in Tehsil & District Hamirpur. THE petitioners purchased the above mentioned minerals from the open market and also from various lease/permit holders in the district Hamirpur and Mahoba for selling to various customers who take into for the purposes of private consumption. THE petitioners purchase the said minerals from the lease holders and transport it to the business places. On 22-2-2002, the petitioner No. 1 received a notice from the mines officer by which the petitioners were directed to clarify the position of genuineness of the stock of morrum. According to the notice under Section 4 (1-A) of the Act, no person can stock or transport minerals without permission, otherwise action will be taken under Section 21 of the Act.

(3.) SINCE storage of minerals without obtaining a license entails penal consonance under the provisions of the Act and the rules framed thereunder, the nature of new rules cannot be retrospective in operation and will not apply on minerals already stored by the petitioners, prior to the coming into force of new rules that is on 2-9-2002. The action of the respondents in preventing the petitioners from disposing of stock of morrum stored prior to the coming into force of the new rules is wholly illegal, arbitrary and without authority of law. The intention of the legislature while amending the aforesaid Section 4 was to safeguard its royalty, which was being evaded by the lease and permit holders by storing minerals within the mining area and removing them after expiry of mining lease or permit, without any payment of royalty.