Madhya Pradesh High Court
Ramlal Jhariya vs The State Of Madhya Pradesh on 9 November, 2020
1 MP-2772-2020
The High Court Of Madhya Pradesh
MP-2772-2020
(RAMLAL JHARIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Jabalpur, Dated : 09-11-2020
Heard through Video Conferencing.
Shri Vijay Kumar Shukla, learned counsel for the petitioner.
Shri S. Ganguly, learned Deputy Advocate General for the respondent-
State.
This petition under Article 226 of the Constitution of India is directed against the notice dated 24.09.2020 issued under the direction of Collector/District Magistrate Jabalpur in a proceeding initiated against the petitioner under the provisions of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rule 2019.
The exception to notice is taken on the ground that in respect of the offence of alleged unauthorized transportation of sand the petitioner is proceeded against under Section 379 of IPC vide Crime No.340/2019 vide FIR dated 29.12.2019. It is urged that in respect of same crime the petitioner is being prosecuted under two different provisions.
On these contentions the petitioner seeks quashment of the notice issued by the Collector.
The initiation of proceeding vide crime No.340/2019 is under Section 379 of IPC wherein the allegation of the petitioner is that he was found committing theft of sand from Kudakala bank of river Narmada whereas the proceeding under the Rules of 2019 is for violation of the provision thereof. That Rule 3 of the Rules of 2019 lays down restrictions with regard to mineral sands. It stipulates that- No vehicle shall cause to be transported the mineral sand from the sanctioned quarry or storage place without prescribed transit pass. That no vehicle shall cause to be transported without substantial entry in Transit Pass (as quantity of Signature Not Verified SAN mineral, date/time of transport, time to be taken to reach to destination Digitally signed by LORETTA RAJ Date: 2020.11.10 16:31:57 IST 2 MP-2772-2020 place, etc.). That the vehicles engaged in sand transportation without GPS or establishing of machine of equivalent technique as prescribed, shall be prohibited after the date of notification by the State Government. Extraction and removal of sand from the following area shall be prohibited as provided in sustainable sand mining guidelines, 2016 issued by Government of India- within 200 meters from any bridge; within 200 meter upstream and downstream areas of any water supply scheme or water resources scheme; within 100 meter from edge of national highway and Railway line; within 50 meter from any canal, reservoir or building; within 50 meter from edge of state highway and 10 meters from edge of other village road; within fixed distance from any areas which has been built to control the flood; within 200 meter distance from the place of cultural, religious, historical, and archaeological importance or within the distance as provided in the Act/Rule; and such areas which have been declared prohibited by Collector due to environmental or other reasons.
Sub-Rule (6) of Rule 3 of Rules of 2019 further stipulates that there shall be complete ban on mining, loading and storage of sand by machines from the sanctioned quarries in river Narmada. Sand mining, loading and storage from quarries having area upto 5.00 hectare situated on other rivers shall be done by the committee of local labourers and quarries having are a more than 5.000 hectare, local labourers shall be given priority for sand mining, loading and storage. The use of machines for sand mining in other rivers may be given depending upon the requirement and approval in mining plan and environmental clearance.
That Chapter X deals with Illegal Mining, Transportation and Storage of Sand. Sub-Rule (2) of Rule 20 provides for Penalty and compounding of cases of illegal transportation stipulates that in case of registered cases of illegal transportation, transportation without valid e-tp and transportation with quantity more than the quantity entered in e-tp, the Signature Not Verified SAN Digitally signed by LORETTA RAJ Date: 2020.11.10 16:31:57 IST 3 MP-2772-2020 Collector may dispose off cases after deposit of compounding fees or amount of penalty by the illegal extractor, as per the rates stipulated thereunder.
In the case at hand as the petitioner was found having indulged in illegal transportation of mineral sand he is proceeded against under the provisions of Rule 2019. As the notice in question has been issued by the Competent Authority the same cannot be faulted with merely on the ground that the petitioner is proceeded against under Section 379 IPC.
As the petitioner is not entitled for any relief, petition fails and is dismissed.
(SANJAY YADAV) (VIJAY KUMAR SHUKLA)
ACTING CHIEF JUSTICE JUDGE
Loretta
Signature Not Verified
SAN
Digitally signed by LORETTA RAJ
Date: 2020.11.10 16:31:57 IST