Uttarakhand High Court
Dev Bhoomi Stone Crusher vs State Of Uttarakhand And Others on 17 November, 2017
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 2897 of 2017
Dev Bhoomi Stone Crusher .......... Petitioner
Vs
State of Uttaakhand & others ........Respondents
Mr. Rakesh Thapliyal and Mr. Sanjay Bhatt, Advocates, present for the petitioner.
Mr. Anil Dabra, Standing Counsel for the State/respondents.
Hon'ble Manoj K. Tiwari, J. (Oral)
Heard learned counsel for the parties and perused the records.
2. This writ petition has been filed against the order dated 22.07.2017 passed by District Magistrate, Haridwar whereby petitioner has been asked to deposit Rs. 2 lacs as penalty and Rs. 74,21,398/- total amount Rs. 76,21,398/- within a month. The said recovery has been made on the charge of shortfall in the quantity of RBM to the tune of 300.18 cubic meters and further it was found that petitioner has dug up the land of the stone crusher and removed subsoil more than the prescribed limit. Thus a conclusion has been drawn against the petitioner that he is guilty of shortage of RBM and also removal of RBM by digging the land.
3. According to learned counsel for the petitioner, the order passed by District Magistrate is appealable and petitioner has filed an appeal before the Competent Authority, which is still pending.
4. Learned counsel for the petitioner confines his prayer and submits that since recovery citation has been issued against the petitioner, therefore, limited protection may be given to him that till disposal of his stay application by the appellate authority, recovery proceedings initiated 2 against the petitioner may be stayed and the appellate authority be directed to expedite disposal of petitioner's stay application.
5. Prayer made by learned counsel for the petitioner is innocuous and deserves to be accepted.
6. Accordingly, the writ petition is disposed of with direction to the appellate authority to decide the stay application filed by the petitioner with his appeal within a period of three weeks from the date of production of certified copy of this order. Meanwhile, it is provided that if petitioner deposits a sum of Rs. 8 lacs with the District Magistrate, Haridwar on or before 31.11.2017, in that case he shall be permitted to operate his Stone Crusher and no coercive action shall be taken against the petitioner pursuant to order dated 22.07.2017 for a period of three weeks. (Stay application stands disposed of accordingly)
7. Pending application, if any, also stands disposed of accordingly.
(Manoj K. Tiwari, J.) 17.11.2017 mamta