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Showing contexts for: Section 48 of mlr code in Mohd Shahabaj S/O Ahamed Sheikh vs The State Of Maharashtra Through Its ... on 16 August, 2018Matching Fragments
4. We need to point out that prayers made in the Writ Petitions challenge the order levying penalty under Section 48[7] of the MLR Code for illegal excavation of sand; demanding royalty and equal amount as penalty; market value of sand and amount of Rs. 2 lakh for illegal use of transport vehicle under Section 48(8) thereof, is assailed in all the petitions. There is no challenge to any Judgment wp3105.18 statutory provisions.
6. Petitioners submit that illegal excavation of sand has not been established at all. Material on record does not show that the sand came from sand ghat or other place not assigned by the State Government, and it has not been established that the said sand was therefore, vesting in State Government. Hence, Section 48[7] of the MLR Code itself is not applicable. It is contended that Section 48[7], is not at all attracted in case of persons like petitioners, who are only operating as transporters and in no way excavate the sand.
17. The prayer clauses in petition mostly end in challenging the orders passed by the concerned Sub Divisional Officer. In Writ Petition Nos. 3105, 3024, 3103, 3104, 3233, 3229 of 2018 there is at least a prayer to quash and set aside the notification dated 12.01.2018. There is no such prayer in Writ Petition Nos. 3230 and 3232 of 2018. There is no prayer for amendment also in these two writ petitions. Though Civil Applications seeking leave to amend are moved in other matters, additional grounds sought to be raised are about the power exercised under Section 48[7] of the MLR Code. The amendment has been partially allowed on 23.07.2018. Thus, there is no challenge to the constitutionality or otherwise of Section 48[7] or Section 48[8] of the MLR Code.
26. When petitioners avoided to disclose source of sand, due to Section 48[1] of the MLR Code, its excavation in violation of Section 48[7], stands established. Under Section 48[7], words with wide import are employed. Thus, even picking up or removal of sand by an unauthorized person is prohibited. Words "Extracts, Removes, Collects, Replaces, Picks-up or Dispose of" cannot be seen as synonymous. Operation like "Replacement" or "Removal" or "Dispose of" or "Picking up" take within its fold even transporting.