2018 (6) ABR 6 ::(2018) 5 Bom CR 416

Bombay High Court

Hon'ble Judge(s): R. M. Borde, A. M. Dhavale , JJ

(A) Maharashtra Land Revenue Code (41 of 1966) , S.48(7)(8)— Right to minerals - Vests in state Government - Any act derogatory to ownership rights of state over minor minerals would be matter falling within ambit of Code (1966). (Para 14) (B) Maharashtra Land Revenue Code (41 of 1966) , S.48(7)(8)— Mines and Minerals (Development and Regulation) Act (67 of 1957) , S.15— Maharashtra Minor Mineral Extraction (Development and Regulation) Rules (2013) , R.66— Unauthorised removal or excavation of minor minerals - Transportation of sand in excess of quantity permitted - Is punishable under provisions of code (1966), Act (1957) and R. 66(11) of Rules (2013). (Para 19) (C) Maharashtra Land Revenue Code (41 of 1966) , S.48(7)(8)— Transportation of sand - In excess of permit - Imposition of penalty - Proper - Transporter cannot contend that he is outside ambit of provisions of Code (1966) as source of sand or minor minerals is referable to issuance of licence or authorisation by Government in favour of another contractor. In the instant petitions, in some matters though the transporters possess pass, the transportation of sand is in excess of the p....