AGILE REAL ESTATE PRIVATE LIMITED Vs. STATE OF MAHARASHTRA, THROUGH MINISTRY OF FORESTS AND REVENUE, THROUGH OFFICE OF GOVERNMENT PLEADER (A S )

JUDGEMENT

(1.) Rule is made returnable forthwith. Heard finally the learned Senior Counsel appearing for the Petitioner and the learned AGP for the Respondents.

(2.) The basic events leading to file this Writ Petition areThe Petitioner is engaged in the business of real estate development with focus on development of premium residential, commercial, retail, integrated townships, lifestyle gated communities and redevelopment projects, primarily in the Mumbai Metropolitan Region and Pune. The Petitioner is the owner of various lands situated at revenue village Balkum in Thane district, which not include Survey Nos. 203/13 and 203/14. There is Notification dated 5 May 2015, amending the Maharashtra Minor Minerals Extraction (Development and Regulation Rules) 2013 ("the Rules") to the effect that no royalty shall be required to be paid on earth extracted whilst developing the plot which is used for development of the same plot. On 30 March 2017, the Competent Authority granted two separate permissions to the Petitioner to excavate the minor minerals to the extent of 20,000 brass and 10,000 brass respectively. On 13 April 2017, the Petitioner received notice from Respondent No.2the Tahasildar, Thane calling the Petitioner the written clarification with relevant documents so as to show that the Petitioner had necessary permissions for carrying out excavation of minor minerals to the tune of 541 brass and 1502 brass on lands, including lands at Hissa No. 203/13 and 203/14. On 25 April 2017, the Petitioner replied to the notice and pointed out that the Petitioner has paid all the dues and possesses necessary permission dated 30 March 2017, for carrying out excavation on the site. On 1 November 2017, at 12.45 p.m. the Petitioner received impugned notice dated 30 October 2017. On the same day, at 3.55 p.m., the Petitioner received impugned order dated 6 September 2017, wherein Respondent No.2 has alleged that the Petitioner has excavated 2043 brass of minor minerals and bound to pay the sum aggregating to Rs.2,12,47,202/ within a period of seven days from the receipt of the order. Being aggrieved by the same, the Petitioner has filed the present Writ Petition.

(3.) The learned Senior Counsel appearing for the Petitioner has placed on record a recent Judgment of this Bench (Coram: Anoop V. Mohta and Manish Pitale, JJ.) passed in Writ Petition No.10845 of 2017, (Tata Projects Limited Vs. The State of Maharashtra & Ors.) dated 8 November 2017, by referring to the facts, circumstances and the similar provisions of the law and the Supreme Court Judgment passed in Promoters and Builders Association of Pune Vs. State of Maharashtra & Ors., 2015 12 SCC 736. The relevant paragraphs of the Judgment Tata Projects Limited are as under