IRCON INTERNATIONAL LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this petition is to a notice dated 4th December 2017 issued by the Tehsildar, Dahanu, District Palghar, Maharashtra whereby a penalty of Rs.34,80,744/- was proposed to be levied for excavation of minor mineral, i.e., ordinary earth, without obtaining requite permission.

(2.) The petition arises in the backdrop of the following facts :-

(3.) On 17th November 2017, the respondent No.3-Tehsildar, Dahanu visited one of the worksites and, thereafter, issued the impugned notice proposing to levy penalty of Rs.34,80,744/- under Section 48(7) of the Maharashtra Land Revenue Code, 1966 ('the Code of 1966'). Though a suitable reply was submitted by the petitioners, the respondent No.3 threatened to pursue the action in pursuance of the impugned notice. Contending that the action of the respondents is in contravention of the provisions contained in Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the said Act, 1957') and the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013, the petitioners have preferred this petition.