Gujarat High Court
Arvindbhai Lakshmanbhai Parmar vs State Of Gujarat on 3 May, 2023
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
C/SCA/7721/2023 ORDER DATED: 03/05/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7721 of 2023
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ARVINDBHAI LAKSHMANBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1
MR. TRUPESH KATHIRIYA, AGP for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 03/05/2023
ORAL ORDER
1. Draft amendment dated 3.5.2023 is placed on record and the same is taken on record. To be carried out forthwith.
2. By way of the present petition under Article-226 of the Constitution of India, the petitioner herein has prayed for the following reliefs:
"(a) This Hon'ble Court may be pleased to admit and allow this petition;
(b) This Hon'ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aside the notice dated 16.5.2022 which is at Annexure-C Collectively and notice dated 31.1.2023 which is at Annexure-F issued by the respondent No.3 and further be pleased to quash and set-aside the action of closing down the online ATR account of issuance of delivery challan pass in respect of quarry lease for black trap situated at the river bed of River "Mahi", village:
Pali, Taluka Thasra, District Kheda admeasuring Hector-
3.00.00;
(c) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to the respondent Page 1 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023 C/SCA/7721/2023 ORDER DATED: 03/05/2023 authorities to provide the documents as demanded by him vide application dated 6.2.2023 which is at Annexure G;
(d) Pending admission, final hearing and disposal of this petition, direct the respondent No.3 to immediately open the online ATR account of issuance of delivery challan pass in respect of quarry lease for black trap situated at the river bed of River "Mahi", village: Pali, Taluka Thasra, District Kheda admeasuring Hector -3.00.00;
(e) Grant such Any other and / or further reliefs that may be deemed necessary in the interest of justice may kindly be granted."
2. Heard Ms. Kruti Shah, learned advocate appearing for the petitioner and Mr. Trupesh Kathiriya, learned Assistant Government Pleader appearing for the respondent - State.
3. The brief facts germane for adjudication of the present dispute reads thus:
3.1. The petitioner was granted quarry lease for black trap situated at the riverbed of River "Mahi", village: Pali, Taluka Thasra, District Kheda admeasuring Hector-3.00.00 , for the initial period of 10 years and now it is extended upto the year 2030 as per Clause (A) Sub-Rule (1)(i) of Rule -12 of Gujarat Minor Mineral Concession Rules, 2017.
3.2. The petitioner is carrying out the excavation of black trap in accordance with Rules and Regulations in respect of the said quarry lease which is assigned QL Code No. 1306025415 .Page 2 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023
C/SCA/7721/2023 ORDER DATED: 03/05/2023 Though the petitioner has not violated any terms of agreement and committed any illegalities or irregularities, one FIR C.R. No. 11204067200075 OF 2020 was registered at Sevaliya Police Station for the offence under Sections 379 of IPC r/w. Section 4(1-A), 21 of the Mines and Mineral (Development and Regulation) Act, 1957 and Rule-3(21)(2) of the Rules, 2017 and on the basis of the said FIR, online royalty account of the petitioner came to be blocked. Therefore, the petitioner received notice dated 16.5.2022 issued by the respondent No.3 by stating that on inspection carried out on 27.4.2022 and it was found that there was illegal mining of 1210793 metric ton of black trap from the said lease by calculating the penalty to the tune of Rs.38,13,99,795/- + Environmental Compensation charges of Rs9,82,19,528/- .
3.3 The petitioner replied the said notice on 25.5.2022 by denying all the allegations and raised objection in respect of the procedure adopted by the authority and requested to file the said notice and immediately open ATR account of the said lease. The ATR account was again reopened on 10.11.2022.
3.4 The petitioner, on 28.11.2022, made another representation to do Rojkam and verification of the lease as the area outside the lease was submerged in water, to avoid any further complications. The petitioner states that without issuing any notice again the ATR account of the said lease came to be Page 3 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023 C/SCA/7721/2023 ORDER DATED: 03/05/2023 blocked on 19.1.2023. without following the procedure under Rule5(4) of the Rules, 2017.
3.5 The petitioner states that after locking the said online account on 19.1.2023, the office of the Geologist had issued one notice dated 31.1.2023 reiterating the contentions of the earlier notice dated 16.5.2022.
3.6 In the aforesaid facts of the present case, the petitioner herein was constrained to approach this Court by filing the present petition with the aforementioned reliefs.
4. Ms. Kruti Shah, learned advocate appearing for the petitioner herein submitted that online ATR account of the petitioner came to be locked, without issuance of notice to the petitioner and no order as on today is passed, to unlock the online ATR account of the petitioner, whereby, the respondent authorities have violated the principles of natural justice and the aforesaid exercise is in contravention under Rule 5(4) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules of 2017 (hereinafter referred to as the 'Rules of 2017'). It was also submitted that online ATR account of the petitioner is already locked since 19.01.2023. However, in spite of various representations preferred by the petitioner herein, no steps have been taken by the respondent authority to consider the representations made by the petitioner herein, wherein, the Page 4 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023 C/SCA/7721/2023 ORDER DATED: 03/05/2023 petitioner herein has from time to time undertaken to clear the outstanding dues, if any, payable by the petitioner herein.
4.1. Placing reliance on the aforesaid facts, it was submitted that, the online ATR account of the petitioner be unlocked, in view of the fact that, the aforesaid exercise undertaken by the respondent authorities of locking the online ATR account of the petitioner herein is violative of the settled principles of natural justice and Rule 5(4) of the Rules of 2017.
5. On the other hand, Mr. Trupesh Kathiriya, learned learned Assistant Government Pleader appearing for the respondent-State was not in a position to controvert the submissions advanced by Mr. Shah, learned advocate appearing for the petitioner herein.
6. Considering the facts of the present case and the submissions made by Ms. Shah, learned advocate appearing for the petitioner, this Court deems it fit to produce Rule 5(4) of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules of 2017, which reads thus:
"(4) The Authorized Officer shall issue a special security permit paper-sheet which shall be used by the holder of a mineral concession or a trader, to print the Transit Permit or the Delivery Challan, as the case may be. The special security permit paper-sheet shall be issued in such manner as may be specified by the Government. The Transit Permit or Delivery Challan shall be in triplicate and machine numbered with the book number and serial number thereof.Page 5 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023
C/SCA/7721/2023 ORDER DATED: 03/05/2023 [Provided that Government may, for the reasons to be recorded in writing, suspend issuance of transit permit as contemplated under subrule(2) above or delivery challan as contemplated under subrule (3) above, to the holder of a mineral concession or to a trader, as the case may be, in case (a) any dues or penalties have been levied by the Authorised Officer on such holder or trader and are outstanding; or (b) the trader or the owner of the relevant carrier has not procured registration for storage or transportation of mineral, as the case may be.]"
7. Having heard the learned advocates appearing for the respective parties and having gone through the material placed on record, it emerges that online ATR account of the petitioner has been locked since 19.01.2023, without issuance of notice to the petitioner herein and without passing any order in writing against the petitioner. The petitioner had shown readiness and willingness to pay the dues accrued - payable by making representations to the respondent authorities, however, online ATR account of the petitioner came to be locked in gross violation of the principles of natural justice, on 19.01.2023, which is in contravention to the provision of Rule 5(4) of the Rules of 2017.
8. Considering the facts and circumstances of the present case as well as position of law as referred above, the petition is allowed in terms of Para-8(d) i.e. to the extent of quashing the order of closing the Online ATR Account of issuance of delivery Page 6 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023 C/SCA/7721/2023 ORDER DATED: 03/05/2023 pass challan Code No. 1306025415 in respect of quarry lease for black trap situated at the riverbed of River "Mahi", village: Pali, Taluka Thasra, District Kheda admeasuring Hector-3.00.00. The respondent authority is directed to unlock / reopen the online ATR account of the petitioner forthwith. However, this Court has not opined on the merits of the matter. Ms. Shah, learned advocate for the petitioner herein does not press rest of the prayers at this stage. Liberty is reserved in favour of the respondent authorities with respect to online ATR account to initiate appropriate proceedings after issuance of show cause notice, in accordance with law. If such a notice is issued to the petitioner, opportunity of hearing be accorded to the petitioner herein.
With the aforesaid observation and direction, exercising extraordinary jurisdiction under Article 226 of the Constitution of India, the present petition stands allowed, to the aforesaid extent. Direct Service is permitted.
(VAIBHAVI D. NANAVATI,J) SAJ GEORGE Page 7 of 7 Downloaded on : Fri May 05 20:52:48 IST 2023