Jammu & Kashmir High Court
M/S S. K. Stone Crusher And Screener vs Union Territory Of J&K And Others on 14 August, 2020
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 104
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP (C) No. 1319/2020
CM Nos. 4133/2020 &
4134/2020
M/s S. K. Stone Crusher and Screener,
Vill Pandori, Kathua ...Petitioner(s)
Through:- Mr. R. K. Gupta, Sr. Advocate with
Mr. Rohit Verma, Advocate
(On Video Conference/Voice Call
from residence)
V/s
Union Territory of J&K and others ...Respondent(s)
Through:- Mr. F. A Natnoo, AAG
(On Video Conference/Voice Call
from residence)
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
1. Impugned in this petition are the order passed by the District Mineral Officer, Geology and Mining Department, Kathua dated 19.08.2019, order dated 12.02.2020 passed by Joint Director, Central, Geology and Mining Department, Jammu and order dated 30.07.2020 again passed by the District Mineral Officer, Geology and Mining Department, Kathua, whereby the petitioner has been imposed a penalty of ₹3,42,79,346/- in terms of Section 21 (5) of the Mines and Minerals (Development and Regulation) Act 1957 and the Rules framed thereunder and the petitioner has been given 15 days' time to deposit the amount in 36 equal monthly installments and also to submit his consent that he will abide by terms and conditions of the notice, within 15 days' from the date of issuance of the notice. 2 WP (C) No. 1319/2020
2. The petition is contested by Mr. F.A Natnoo, learned AAG appearing for the respondents, who submits that the penalty has been imposed after assessment of the material made by the committee headed by the District Mineral Officer, Geology and Mining Department, Kathua and the petitioner was given opportunity to respond to the proposed seizure.
3. Learned counsel for the petitioner placing reliance upon the order passed by this Court dated 14.07.2020 in WP (C) No. 448/2020 submits that this case is squarely covered by the aforesaid order and therefore, similar directions are required to be issued to the Deputy Commissioner to settle the issue.
4. Having heard Mr. R. K. Gupta, learned Sr. counsel along with Mr. Rohit Verma, learned counsel for the petitioner and Mr. F.A Natnoo, learned AAG appearing for the respondents, I am of the view that the petition, in light of submission made by the petitioner and also on the analogy of order dated 14.07.2020 passed in WP (C) No. 448/2020, can be finally disposed of by providing as under:-
a) That the petitioner shall make a detailed representation against the impugned orders to the Deputy Commissioner, Kathua within a period of one week from today and the same shall be considered and disposed of by the Deputy Commissioner, Kathua within three weeks' from the date a certified copy of this order along with representation is made available to him. Deputy Commissioner shall take appropriate decision in the accordance with the provisions of Mines and Minerals (Development and Regulation), Act and the Rules framed thereunder as may be applicable to the case of the petitioner.
b) In case, the decision is not taken within a stipulated period of time, the petitioner shall be free to operate in 3 WP (C) No. 1319/2020 accordance with law, however, procuring raw material from legal sources.
c) The implementation of the impugned order dated 30.07.2020 shall await the final order of the Deputy Commissioner.
5. Accordingly, the petition along with connected applications stands disposed of.
(SANJEEV KUMAR) JUDGE JAMMU 14.08.2020 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No SHIVALEE KHAJURIA 2020.08.14 15:42 I attest to the accuracy and integrity of this document