GURNAM SINGH UNDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner challenges the notices issued on 29.07.1999 and-20.09.1999 (An-nexures P-9, P-10 and P-11) by the Mining Officer for the installments allegedly payable by the petitioner under the contract of extracting minor minerals. The, petitioner was a successful bidder in a public auction for mining sand at two villages, Bahora and Rampur Kalan for the only licence fee of Rs. 13,32,000/- and Rs. 6,15,000/- respectively. The licence period was from 1st April, 1998 to 31st March, 2001.

(2.) The dispute to the demand is on the ground that the Government, which had granted the licence, was unable to protect the petitioner to secure an access to the mining area, namely, the river bed from where sand was allowed to be extracted and the contract stood frustrated by the inability of the petitioner to carry out the mining during the period of licence. The petitioner would contend that the inability to extract was conveyed to the authorities upon which, the Mining Officer himself carried out personal inspection and submitted a report to higher authorities. In the report, it was specifically noticed that, to approach the Bahora mine, trucks were passing through lands of private landowners, but this had been stopped by the landowners, who had obtained injunction (referred to as ''taken stay'') and that the intervening landowners had stopped the trucks from passing through their lands. As regards the access to the Rampur Kalan, the report makes an ''observation that to reach the place, there were two kacha portions and to reach on this passage, a truck had to cross two small bridges. The Mining Officer had gathered information that the local landowners would not allow the passage of the vehicles on these passages, because the passages had been damaged and the contractors did not care for the small bridges (sic) and the walls of the small bridges were broken from both sides.

(3.) The report further makes an observation that as per local knowledge, there was no revenue passage available for the mines of Rampur Kalan and Bahora from Rampur Kalan to Bahora. The report further reads as follows:-