Excavated material has been used by petitioner for purposes of filling up or levelling purposes as digging of earth is inbuilt in course of building operations - Said activity cannot be characterized as one of excavation of minor minerals and more particularly there was no commercial exploitation of excavated earth involved

Citation

AIROnline 2021 Bom 5393

Bombay High Court

S. J. KATHAWALLA , J. and MILIND N. JADHAV , J.

WRIT PETITION - 7390 of 2010 D/- 9 - 12 - 2021

P. S.C. Pacific v. State of Maharashtra and Ors.

Maharashtra Land Revenue Code (41 of 1966), S.48(7) - Maharashtra Minor Mineral

Extraction (Development and Regulation) Rules (2013), R.46(1) - Levy of penalty - Challenge

as to - Show-cause notice issued upon petitioner stating that he had allegedly excavated minor

minerals without valid permission - Excavation of earth undertaken for laying foundation of

buildings i.e. for development and construction - Excavated material has been used by petitioner

for purposes of filling up or levelling purposes as digging of earth is inbuilt in course of building

operations - Said activity cannot be characterized as one of excavation of minor minerals and

more particularly there was no commercial exploitation of excavated earth involved - Rigors

of S.48(7) not attracted - Levy of penalty, set aside. Mines and Minerals (Regulation and

Development) Act (67 of 1957), S.3(e) -

 (Paras 10 , 11 , 12) 

Cases Referred Chronological Paras

AIR 2015 SC (Supp) 1531 : 2015 AIR SCW 495

AIR 2010 SC 3413 : 2010 AIR SCW 5267

AIROnline 2017 BOM 11

Girish S. Godbole A/w. Drupad S. Patil for Petitioner; Ms. M. P. Thakur, Agp for Respondent.