FALI RAM MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed challenging the interim order dated 16-3-2012 passed by the Director (RM), Ministry of Mines in a Revision petition filed by the petitioner against the order dated 20-12-2011 passed by the Mining Engineer Sikar levying a penalty of Rs.26,07,360/- on the petitioner under Rule 48 (5) of the Mines and Mineral Concession Rules, 1986 for the alleged illegal mining of the mineral Silica Sand.

(2.) COUNSEL for the petitioner submits that the stay application filed along with the revision petition has been dismissed without any application of mind and without taking into consideration the petitioner's prima facie case in revision and the consequent balance of convenience and irreparable loss to petitioner in the event the order dated 20-12-2011 passed by the Mining Engineer Sikar were not stayed.

(3.) HOWEVER, in the present case a bare look at the impugned order dated 16-3-2012 shows that the stay application has been rejected without any reason being advanced therefor. The Revising Authority has not addressed the grounds of the petitioner in support of the stay application, more particularly the petitioner's contention that the entire demand against the petitioner on account of penalty for alleged unauthorised mining by the Mining Engineer under order dated 20-12-2011 was created in contravention of the principles of natural justice. In my considered opinion allegation of the denial of principles of natural justice as contended by the petitioner and uncontroverted would be a strong ground which would have warranted consideration and address by the revising Authority and non-address of such a ground would definitely be arbitrary and unfair. The case of the petitioner is fortified by the judgment of this court in case of Mewar Marbles Ltd. (supra) decided on 9-1-2002, wherein penalty levied under Rule 48 (5) of MMCR 1986 without complying with the principles of natural justice and joint site inspection after due notice was held to be illegal and quashed. The provisions of the Rule 48 (5) of the Rajasthan Minor & Mineral Concession Rules, 1986 are para-materia with Section 21 (5) of the Mines and Minerals (Development and Regulation) Act, 1957 and a judgment in one statute will attract to decision making by courts in the other statute.