mining/transportation/storage of minor mineral without permit/license
illegal e.g. Section 379 , 414 IPC, Rule 18, M.P. Minerals (Prevention of
Illegal Mining ... cases of illegal
transportation, 19 cases of illegal excavation and 14 cases of illegal
storage of sand; total 190 cases of illegal mining between
Rule
20 of the Rules, 2019, in case of illegal mining, the matter can be
compounded on payment of penalty and royalty. It is submitted ... Rules 2019 provides for
penalty and compounding of cases of illegal mining.
It is the case of the petitioner that once the penalty is imposed
statements which may support the case of
accused, especially in matters like food adulteration cases and in
illegal mining cases because if Government servants would
case of transportation of,
or causing to transport, mineral without lawful authority or written
down value of the property, in case of illegal mining ... guarantee on the written down value of the property, in case of
illegal mining or illegal storage of mineral. Drawing attention of the
Court
Illegal Mining, Transportation and Storage) Rules, 2015.
Rule 72 and Rule 73 thereof read as under:
"72. Prevention of illegal mining No person shall ... case of second contravention a minimum
compounding fee of Rs.25,000/ shall be charged;
(iv) In case of illegal mining done mechanically
Paryavaran Suraksha Samiti & Anr vs Union Of India on 21 September, 2020
Author: Adarsh
written down value of the property, in case of illegal
mining or illegal storage of mineral:
Provided that, release under clause (a) of sub-rule ... petitioner for any illegal mining or any other illegal activity,
not only the same shall be liable to be seized by competent
authority, the competent
interpretation of
Rule 12 of the Gujarat Mineral ( Prevention of illegal mining, transportation and
storage) Rules, 2017 which reads thus:
"Rule- 12. Seizure ... ORDER
(II) the written down value of the property, in case of illegal mining or illegal
storage of mineral:
Provided that release under clause
case of the
prosecution, mining was done as per the mining plan approved
by the Indian Bureau of Mines and in the charge sheet ... submitted mining plan and scheme
of mining to Indian Bureau of Mines, Bhubaneswar which was
approved by Regional Controller of Mines
unauthorized site for illegal mining of sand
from the river bed.
23. Ill effects of illegal mining of sand from river beds were
noticed ... Government/department for checking of illegal mining in the State.
However, economic offence of illegal mining, which thrives on
unlawful enrichment, can be prevented only