M/S. VIJAY CONSTRUCTIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both the proceedings, the power of State Government to collect royalty in respect of minor minerals and also the power to impose penalty on the persons who have committed default in making the payment of royalty is challenged. In brief, it is the contention of the petitioners that in view of the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act' for short) and the Rules framed thereunder, the Maharashtra State has no power to collect the royalty. In both the proceedings, notices issued by the respondent, State/Government for recovery of royalty and penalty amount are challenged and relief of quashment of those orders made by the revenue authority are claimed. Additional relief of setting aside of the order of seizure of the truck for recovery of such amount made against the petitioner of the first proceeding is also claimed. Both the sides are heard.

(2.) The petitioner from Writ Petition No. 3015/2000 is having stone crusher and it collects mining material for this stone crusher from various persons. It is the case of petitioner that it pays royalty on such minor minerals. This petitioner has no land or quarry and so, the petitioner purchases and collects minor minerals from others.

(3.) It is the case of petitioner from Writ Petition No. 3015/2000 that it is in construction business also and it undertakes the construction of Government projects etc. It is contended that under the Government policy and the contract, the petitioner is entitled to get refund of the royalty amount and this circumstance also needs to be considered in his favour.