CHETAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners have filed the present petition challenging the orders dtd. 11/4/2022 and 13/4/2022, whereby the penalty of Rs.5,09,26,200.00 has been imposed under Rule 53 of the M.P. Minor Mineral Rules, 1996 (hereinafter referred as "Rules, 1996").

(2.) The petitioners are owner of land bearing survey No.69/1 situated at village Kailodkartal which is adjacent to the Government land bearing survey No.271. On 19/6/2020 a joint survey was conducted by officers of Mining Department and police station-Tejaji Nagar. In respect of illegal mining, a panchnama was prepared, statement of witnesses were taken and the poclain machine and Dumper bearing registration No.MP09-HJ-2647 were seized on the ground of illegal mining activity on government land bearing survey No.271. Thereafter, an FIR bearing Crime No.278/2020 for the offences punishable under Sec. 353, 336 r/w Sec. 34 of IPC and Sec. 3 of Prevention to Damage to Public Property Act, 1984 was also registered against the petitioners against the allegations of hinderance and disruption in discharging of official duty by the Government Officers. Later on, the petitioners were released on bail by an order dtd. 2/11/2020 passed by this Court.

(3.) The respondent initiated the proceedings under Sec. 247(7) of the M.P. Land Revenue Code, 1947 (hereinafter referred as "MPLRC") against the petitioners alleging that they were found involved in illegal mining operation on government land. On the basis of the report submitted by the Mining Officer and other material, an order dtd. 7/11/2020 was passed imposing penalty of Rs.5,09,26,200.00 on the petitioners under Rule 53 of Rules, 1996.