BHARTIYA CONSTRUCTION Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the letter dtd. 19/7/2022 written by the Reader of the Commissioner Ujjain Division directing petitioner to deposit 10% of the penalty Rs.8,64,00,000.00 and submit the receipt on 4/8/2022 thereafter the appeal shall be considered on merit.

(2.) The petitioner was allotted government land survey No.06 area of 2.00 hectares for mining purposes. The allegation is that instead of excavating the mineral from the aforesaid land, he excavated the stone and crushed it into dust on survey No.175 area of 14.500 hectares with the help of JCB. The Mining Officer submitted a report to the Collector Ratlam that the petitioner has dug a land other than the lease area measuring length 120 meters, width 80 meters and 3 meter depth and extracted 28800 cubic meters of the minor mineral without payment of royalty, hence, penalty Rs.8,64,00,000.00 is proposed.

(3.) The Collector served the notice to the petitioner under Rule 53(1) of M.P. Minor Mineral Rules, 1996 (hereinafter referred to '' Rules, 1996'' for short ) to which the petitioner submitted a reply. Vide letter dtd. 30/10/2019, in exercise of power under Rule 53- (1) of Rules, 1996, the Collector has imposed the penalty at the rate of 30 times of royalty i.e. Rs.8,64,00,000.00.