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6. Learned counsel for the respondents-State has further contended that none of the grounds as mentioned above are available to challenge the constitutional validity of the provisions of the Rule 53 of the Rules as substituted on 18.05.2017. It is also stated that Section 15 of the Act empowers the State Government to make rules in respect of regulating the grant of minor mineral and the purpose connected therewith whereas Section 23C of the Act empowers the State Government to make rules for preventing illegal mining, transportation and storage of minerals. It is, thus, contended that in exercise of the powers conferred under Section 15 as well as Section 23C of the Act, the State has formulated Madhya Pradesh Minor Minerals Rules, 1996 for the purposes of regulating the grant of quarry lease, trade quarry, quarry permit etc. But, with the passage of time it was noticed that there has been rampant increase in the instances of illegal mining and transportation of minor minerals and therefore, necessity was thought to WP-18818/2017 & WP-19320-2017 bring out a legislation by suitably amending the existing rules so that strict check on the illegal mining and transportation of minerals can be made. It is also pointed out that similar provisions inserted vide the State amendment by M.P. Amending Act, 1983 in the Indian Forest Act, 1927 conferring the power of confiscation of the vehicles on the authorised officer has been upheld by a Division Bench of this Court in a judgment reported as AIR 1995 MP 1 (Kailash Chand and another vs. State of Madhya Pradesh and others). In view of the said judgment, it is asserted that the argument that by way of the impugned amendment, the judicial powers are sought to be conferred on administrative Authorities, does not hold good.

*** *** *** 23C. Power of State Government to make rules for preventing illegal mining, transportation and storage of minerals.―(1) The State Government may, by notification in the Official Gazette, make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:―

9. In a judgment reported as (2014) 9 SCC 772 [State (NCT of Delhi) vs. Sanjay], the Supreme Court held that the Court cannot lose sight of the fact that adverse and destructive environmental impact of sand mining has been discussed in the UNEP Global Environmental Alert Service report. As per the report, lack of proper scientific methodology for river and mining has led to indiscriminate sand mining while weak governance and corruption have led to widespread illegal mining. It was stated that sand trading is a lucrative business and there is evidence of illegal trading such as the case of the influential Mafia in our country. Considering the doctrine of public trust, WP-18818/2017 & WP-19320-2017 which extends to natural resources including sand, the Court quoted from earlier judgment reported as (1997) 1 SCC 388 (M.C. Mehta vs. Kamal Nath and others) that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. Such resources are a gift of nature and they should be made freely available to everyone irrespective of their status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.

23. The judgment of the Supreme Court in Hukam Chand Shyam Lal's case (supra) has no applicability to the facts of the present case as there is possibly no dispute with the proposition that wherever a power is required to be exercised by certain authority in a certain way, it should be exercised in that manner or not at all.

24. Section 15 of the Act empowers the State Government to make Rules in respect of minor minerals including the terms on which and the conditions subject to which and the authority by which the quarry leases, mining leases or other mineral concessions may be granted or renewed and fixing and collection of rent, royalty, fees, dead rent, fines etc. or any other matter which is to be, or may be prescribed. Section 23C of the Act specifically empowers the State Government to make rules for preventing illegal mining, transportation and storage of minerals. Therefore, Rule 53, as substituted, traces its source to Section 23C of the Act. Such Rule does not substitute the trial for an offence as contemplated under Section 21 of the WP-18818/2017 & WP-19320-2017 Act but is in addition to the offence contemplated under Section 21 of the Act to meet the problem of illegal extraction and transportation of minerals.