Court No. 9
Civil Misc. Writ Petition No. 26810 of 2010
M/s. Uma Stone Crushing Company through its
Proprietor Basant Kumar Shukla, Dala District, Sonebhadra
and another ................................................... Petitioners
Versus
State of U.P. through its Secretary of
Mines and Minerals Secretariat,
Lucknow. & three others ..................................... Respondents
Hon'ble V.M. Sahai, J.
Hon’ble Mrs. Jayashree Tiwari, J.
The short question that arises for consideration in this petition is whether
under Rule 13 of the U.P. Minerals (Prevention of illegal Mining, Transportation
and Storage) Rules, 2002 (in brief the Rules 2002) the stored minerals
(boulders) could be seized by the respondents simultaneously while issuing a
show cause notice by the Mines Officer.
The petitioner was granted a mining lease on 23.3.2006 on part of plot
no. 7347 Ka area 1.25 acre by the District Magistrate, Sonebhadra under Form
MM3 of the Uttar Pradesh Minor Minerals (Concession ) Rules, 1963. The lease
was for a period of ten years from 23.3.2006 to 23.3.2016. Form MM11 was
issued for mining as well as for transportation of boulder and gitti. According to
the petitioner he did not violate any terms of the mining lease and his stone
crusher was installed on the boundary at a distance of 70 meters from the
mining quarry within the mining area leased out to the petitioner. The
boulders were kept on the mining area of the petitioner which were being
crushed by the petitioner and gitti was manufactured.
It appears that on the basis of some complaint dated 9.4.2010 by
one Anoop Tripathi the stone crusher was inspected by the respondents and it
was found that boulders were lying near the crushing machine which
was being crushed by the petitioner and Gitti was manufactured which was to
be transported. The Mining Officer/District Magistrate, Sonebhadra issued a show
cause notice to the petitioner on 19.4.2010 stating therein that the petitioner
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has illegally stored 11500 sq.m. of gitti and 4500 sq. m. boulders. The
petitioner had no licence to store boulders and the petitioner was asked to
furnish information that the boulders were obtained by the petitioner from
which mining lease holders; under which agreement they have supplied the
boulders to the petitioner; if gitti have been transported by the petitioner
then copies of Form MM 11 be furnished; the details of name and address of
the mining lease holders who have supplied boulders to the petitioner be
also furnished. In the show cause notice it was also stated that the petitioner
has been carrying out illegal mining operation and therefore stock of
boulders found near the crusher of the petitioner as mentioned above was
seized by the mining officer while issuing show cause notice on 19.4.2010.
The question is whether the Mining Officer could seize
the boulders simultaneously while issuing notice under Section 13(2) of the
U.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules,
2002. It is necessary to extract the Rule 13 of the aforesaid Rules.
Rule 13. Inspection and checking of the storage of
minerals – (1) For the purpose of checking of the stored
minerals or for any purposes connected with the Act
or rules made thereunder, the District Officer or the Officer
authorised by the State Government may,
(a) enter, inspect any such storage premises,
(b) weigh, measure or take measurement of stock of
mineral(s) lying in the store,
(c) examine any document, book, register or record
in the possession,
(d) take extracts from or make copies of such
document, book, register or records,
(e) summon on order the production of any such
document, book, register or records as is referred to
in clause (c),
(f) summon or examine any person having the control
of or connected with any stock of the mineral,
(g) call for such information or return as may be
considered necessary.
2. If any illegality is found in the stock of the minerals, the
District Officer or the officer authorised by the State Government
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in this behalf may issue a notice to such licensee to explain his
case within thirty days from the receipt of the notice and if no
explanation is submitted within stipulated time or the explanation
so submitted is not found satisfactory then the licence may be
determined by the District Officer and if the stock so checked is
found without any lawful authority, the same may be seized and
confiscated.
Rule13(1) gives power to the Mining Officer to check and inspect the
stored minerals, take measurement and inspect books etc. Rule 13(2)
provides that if any illegality is found by the Mining Officer or the District
Officer or the officer authorised by the State Government in the stock of
the minerals then show cause notice has to be issued to the petitioner calling
his explanation within thirty days and if the explanation submitted by the
petitioner is not found satisfactory then the authorities have the power to
come to the conclusion that the stock of mineral checked by them were stored
without any lawful authority, and the authority could direct for its seizure
and confiscation.
Learned Standing Counsel has vehemently urged that since the
petitioner was not holding any licence for storage of boulders, therefore after
the mining operation, the storage of boulders had become illegal.
The petitioner had stated that the stone crusher had been established on
the boundaries of the lease area and no licence is required to store boulders
as after mining and excavation the boulders are stored on the leased area.
The distance between stone crusher and the quarry is only 70 meters whereas
in the counter affidavit the respondents have stated that the distance is
about 150 meters. However, if after mining operation the boulder coming out
after excavation are kept on the area which had been leased to the petitioner
then there is no occasion for the petitioner for obtaining licence for the
storage of the boulders as provided by Rule 11(a) of the Rules 2002.
From the reply given by the Mines Officer under the Right to
Information Act filed as Annexure -3 to the rejoinder affidavit it is clear that
no mining lease holder had obtained any licence for storage of minerals on
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the area which had been leased out to him. The petitioner who is a mining
lease holder is not required to obtain any licence for storage of boulders
excavated by him from his mines which were stored on the mining area for
which the petitioner was holding a valid lease.
If the petitioner is required to obtain any licence for storage of
boulders within the area for which he had been leased then such an order
should have been passed by the respondents only after one month from the
date of service of show cause notice, giving detailed reasons but without
expiry of one month of show cause notice the boulders could not be seized by
the respondents in view of clear provision of Rule 13(2) of the Rules 2002.
Therefore, show cause notice dated 19.4.2010 and simultaneous seizure of
boulders is contrary to Rule 13(2) of the Rules 2002.
Therefore, we direct that the seizure of boulders by the respondents
simultaneously alongwith show cause notice dated 19.4.2010 is wholly illegal
and is liable to be quashed. However, if the petitioner submits his reply to the
show cause notice within the period of one month from today it shall be
considered by the respondents and the respondents shall pass a detailed
reasoned order after considering each and every point raised by the petitioner
in his reply to the show cause notice.
In the result, the writ petition succeeds and is allowed. The show cause
notice dated 19.4.2010 so far as it directs seizure of the petitioner’s
boulders is quashed. The boulders which had been seized by the
respondents shall be released to the petitioner forthwith. However, the
petitioner shall submit his reply to the show cause notice within the period of
one month from today which shall be considered by the respondents and the
respondents shall pass a detailed reasoned order after considering each and
every point raised by the petitioner in his reply to the show cause notice.
Parties shall bear their own costs.
Order Date :- 7.7.2010
CMWP No.26810 of 2010/P.P.