materials (topsoil and murum remain)
haphazardly; and deep mining for extracting silica sand lumps is causing
ecological disaster as these mines lie unreclaimed and abandoned ... mining
activities, it is averred that for extraction of Badarpur (Silica sand), there is
large scale mining activity on the Haryana side just adjacent
Kerala Protection of
River Banks and Regulation of Removal of Sand Act, 2001 on the
allegation that these vehicles were found transporting "river sand ... said Act authorises the confiscation of a
vehicle which is found transporting sand without complying with the
provisions of the Act. Such a confiscation
allegation that appellant was involved in
illegal mining of sand from the Yamuna basin. An FIR was registered by
the police suo motu having come ... know that some persons were removing and
selling sand from the Yamuna basin for the last so many days. On receipt
of such information
proposing
to auction the extraction of minor mineral boulder, gravel
and sand quarries of an area not exceeding 4.5 hectares in
each case ... road metal and masonary stone mines in the
District of Bhiwani, stone, sand mines in the District of
Mohindergarh, slate stone mines in the District
with the Ministry of Mines for minerals other than coal, lignite and
sand for stowing
T.C. (C) Nos.43/2016 etc.etc. Page ... Ministry of
Mines is limited to minerals other than coal, lignite and sand for
stowing, it is assumed that the notification did not relate
Rules') which
reads as under :
"38-A. Quarrying of sand by the State Government:-
Notwithstanding anything contained in these rules, or any
order ... decree or order of any Court, all existing leases for
quarrying sand in Government lands and permissions/leases
granted in ryotwari lands shall cease
exercised by the
Collector in cases of illegal transportation of sand registered under the 2019
Sand Rules.
2. The power of confiscation in cases ... illegal transportation of sand
registered under 2019 Sand Rules, cannot be borrowed from the repealed 1996
Rules, 2006 Rules or 2018 Sand Rules
materials (topsoil and murum remain)
haphazardly; and deep mining for extracting silica sand lumps is causing
ecological disaster as these mines lie unreclaimed and abandoned ... mining
activities, it is averred that for extraction of Badarpur (Silica sand), there is
large scale mining activity on the Haryana side just adjacent
appellant. He added that he could not say the same of
sand and gravel, which were part of the earth itself and
which could only ... there are some supplementary tests,
which have frequently been alluded to. Lord Sands in
Commissioners of Inland Revenue v. Granite City Steamship
Co. Ltd. charaeterised
become furnished products only when they are
trimmed and their edges are sanded.
In the appeal by the Revenue to this Court it was
contended ... merely because they are not trimmed and their
edges are not sanded, that the cutting of the blocks does
not form a part
