DALIP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The instant petition is directed against the demand notice dated 28.10.2013 issued by the General Manager-cumMining Officer, District Industries Centre, Ferozepur, respondent No.3, calling upon the petitioner to deposit a sum of Rs. 25,37,245/- towards royalty and price of sand on account of illegal extraction of minor mineral i.e. sand from his land situated in village Behak Fattu, Tehsil Zira, District Ferozepur. Further challenge is to the order dated 30.3.2015 passed by the Director, Mining-cumIndustries and Commerce Department, State of Punjab, respondent No.2, whereby the statutory appeal preferred by the petitioner against the impugned demand has been dismissed.

(2.) Brief facts, that may be noticed, are that Civil Writ Petition No.17013 of 2013 was filed in this Court seeking the issuance of a mandamus to stop the illegal sand mining and excavation thereof from the lands situated in the revenue estates of villages Behak Fattu and Ghuddu Wala, Tehsil Zira, District Ferozepur. Assertion in the writ petition was to the effect that illegal sand mining was being done by a "sand Mafia" headed by respondent No.5 therein (present petitioner) in connivance with the official authorities. The writ petition was disposed of by a Division Bench on 6.8.2013 without putting the respondents to notice and with the directions to the Deputy Commissioner concerned to depute a responsible senior officer not below the rank of a Tehsildar to visit the spot and to verify the factual position. It was further observed that if any illegal mining is found to be going on, the same be stopped forthwith and further action be taken as per law. Pleadings on record would show that in purported compliance of the directions issued by the Division Bench, Tehsildar, Zira along with Senior Industrial Promotional Officer, Sangrur, Field Kanungo, Patwari Halqa, Behak Fattu and Sarpanch of the village conducted inspection on the spot and submitted a report. A report was also called for from the Station House Officer of the Police Station having jurisdiction over the village in question.

(3.) As a follow up action, notice dated 26.9.2013 was served by the respondent-Department upon the petitioner alleging that minor mineral i.e. sand has been extracted unlawfully during the period May to August 2013 from land bearing Rect.No.1, killa Nos.18,19,23/2, 23/1, village Behak Fattu, Tehsil Zira, District Ferozepur which was under his possession and ownership. Petitioner was called upon to appear before respondent No.3 on 4.10.2013 to submit objections, if any, and to plead his case. The impugned demand notice dated 28.10.2013 has thereafter been served upon the petitioner directing him to deposit a sum of Rs. 25,37,245/- towards royalty as also price of the sand towards illegal mining for the period May to September 2013. Such demand stands affirmed by virtue of order dated 30.3.2015 passed by respondent No.2 whereby the appeal preferred by the petitioner has been rejected.