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34. It has been stated that in pursuance of direction issued by the Hon'ble National Green Tribunal Eastern Zone Bench Kolkata in OA no. 50/2021/EZ in the matter of Debashis Das Vs State of Jharkhand the respondents used to inspect Sand ghat of Dumka District and take proper action against those who were involved in illegal sand mining. During inquiry, it has been found that in the instant writ petitioner and one Tohid Alam @ Mansoor Alam of Village Sonaterpara District Birbhum (WB) were found involved in illegal sand mining in the area of Nawrangi and Ragdih sand ghats of Mayurakshi River and an FIR bearing Raneswar PS Case No. 8/2022 U/S 379 IPC and4 and 54 of JMMC Rules, 2004 has been registered against both persons. Further, as per the direction of the Deputy Commissioner(s) of the concerned district(s), the Circle Officer(s) and other block officials made

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2025:JHHC:29005-DB

39. Learned counsel for the petitioners has appeared in all the cases and has submitted that the District Mining Officer is having no jurisdiction to raise demand. Submission has been made that the punishment with respect to the illegal mining or excess mining as referred in Section 4 sub section 1(A) of the Mines and Minerals (Development and Regulation) Act, 1957 [Herein after referred to act „ MMDR Act, 1957‟] is to be dealt with under the provision of Section 21(1) of the MMDR Act, 1957, in which, it has been provided that whoever contravenes the provisions of sub-section (1) or sub- section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area.

45. It has been submitted that Section 21(5) of the MMDR Act, 1957 is in consonance with the judgment referred by Hon‟ble Apex Court in the case of Common Cause Vs. Union of India & Ors [(2017) 9 SCC 499]. The argument has been advanced that the moment the State Government has been conferred with the power to deal with the illegal doers in a case of illegal mining or illegal extraction of any mineral including sand and if in that eventuality the State Government has formulated a rule under conferment of power under Section 15 of the Act, 1957 or under Section 23C of the Act 1957 thereof it cannot be said that only on the basis of filing of complaint the illegal doer is involved in connection with illegal mining or illegal transportation or

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2025:JHHC:29005-DB other mineral concession in respect of minor mineral and for purposes connected therewith. The State Government has been conferred with the power to make out rule and in pursuant thereto rule has been formulated as JMMC Rules, 2004.

62. Another rule has also been formulated in view of provision of Section 23(C) wherein power has been conferred upon the State Government to make rules for preventing illegal mining, transportation and storage of mineral and in pursuance thereto a separate rule has been formulated as Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.