HINDALCO INDUSTRIES LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing letter no.775/M dtd. 15/7/2021 issued by the respondent no.4-District Mining Officer, Palamau to the petitioner, whereby it has been directed to deposit a penalty of Rs.60,21,98,792.00 within two days from the date of receipt of the aforesaid letter, failing which realization of the same would be done through certificate proceeding.

(2.) Learned counsel for the petitioner submits that vide letter no.482/M dtd. 22/6/2021 the respondent no. 4 issued a show cause notice to the petitioner alleging that it had transported the coal mineral for the period from 6/4/2020 to 15/6/2021 from Rajhara Railway Siding, Padwa, Palamau without valid transport challan and without any dealer registration/license. The said show cause was duly replied by the petitioner on 2/7/2021 denying all the allegations. The petitioner challenged the applicability of obtaining a Dealer Licence to it under Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, however the respondent no.4 vide letter no. 775/M dtd. 15/7/2021 imposed a penalty of Rs.60,21,98,792.00 upon it and further directed it to deposit the abovementioned amount within two days failing which certificate proceeding would be initiated for realization of the same.

(3.) It is further submitted that as per rule 13 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, any person who contravenes any of the provisions of said Rules or buys or sells or stores minerals except under and in accordance with the terms and conditions of the dealers registration or who transports the minerals except as mentioned in the transport challan or transport minerals without transport challan shall be punishable as per provision made under Jharkhand Minor Mineral Concession Rules, 2004 (hereinafter to be referred as 'the Rules, 2004') as amended from time to time.