Bharatesh Construction Company Thr. ... vs The District Collector Raigad And Ors
2024 Latest Caselaw 14369 Bom

Citation : 2024 Latest Caselaw 14369 Bom
Judgement Date : 7 May, 2024

Bombay High Court

Bharatesh Construction Company Thr. ... vs The District Collector Raigad And Ors on 7 May, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

   2024:BHC-AS:21281


                                                                                    9. wp 6267-24.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

LAXMI                                          WRIT PETITION NO. 6267 OF 2024
SUBHASH
SONTAKKE
Digitally signed by
LAXMI SUBHASH
SONTAKKE
                      Bhartesh Construction Company                                    .. Petitioner
Date: 2024.05.08
16:14:53 +0530

                               Versus

                      The District Collector, Raigad & Ors.                            .. Respondents


                           Mr. Rafique Ahmed Dada a/w Yuvraj Narvankar, Prashant
                           Bhavake and Satish Kunkekar for the Petiitoner

                           Mr. A. I. Patel, Addl. G.P. a/w Tanaya Goswami, AGP for the
                           Respondent-State.

                                                 CORAM:       B. P. COLABAWALLA &
                                                              SOMASEKHAR SUNDARESAN, JJ.

                                                 DATE:        MAY 07, 2024

                      P. C.

1. The above Writ Petition is filed seeking to challenge the

Revenue Recovery Certificate dated 30 th September, 2019 (the

"impugned RRC") issued by Respondent No.1-District Collector against

the Petitioner.

2 The ground on which quashing of the impugned RRC is

sought is that the District Collector has no power or jurisdiction to issue

MAY 07, 2024 Laxmi

9. wp 6267-24.doc

the impugned RRC because the mining being carried out by the

Petitioner is with reference to a major mineral (Bauxite) and which is

covered under the provisions of the Mines and Minerals (Development

and Regulation) Act, 1957 (for short the "said Act"). It is the case of the

Petitioner that once this is the case, then, under Section 21 (5) of the

said Act, any levy on the miner would have to be done by the Director of

Geology and Mining, Maharashtra State, and the District Collector has

absolutely no power and/or jurisdiction in that regard.

3 When the above matter had come up before this Court on

23rd February, 2024, we had noted the submissions made by Mr. Dada

that for the alleged violations committed by the Petitioner, the

concerned Authority under Central Government has, in fact, levied

penalties on the Petitioner to the extent of Rs.4,58,08,675/-, and which

has been paid by the Petitioner to the said Authority. On that date, Mr.

Dada further pointed out that the Director of Geology and Mining has

written a letter to the District Collector asking him to revoke the

impugned RRC and allow the Petitioner to continue their mining

operations.

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4 Having heard Mr. Dada on the aspect of ad-interim relief,

we were satisfied that a case was made out for the same and hence

granted ad-interim relief in terms of prayer clause (c) of the application

which was effectively to stay the impugned RRC. On that date, we have

also granted time to the Respondents to file an affidavit in reply, if any.

5 Today when the matter is called out, Mr.Patel has tendered

an affidavit in reply dated 6 th May, 2024. Paragraphs 7 and 8 of this

affidavit read thus:-

"7. I submit that the Director, Directorate of Geology and Mining, Maharashtra State issued demand notice dated 01.01.2024 in regards to dues raised in CAG report of the year 2014-15 para 7.2.2.7

(a) (i) and 7.2.2.7 (b) to petitioner to pay dues of Rupees 4,58,08,675/- by exercising powers contemplated under Section 21(5) of the MMDR Act as well as guideline laid down by Hon'ble Apex Court vide judgment and order dated 02.08.2017 passed in Writ Petition No. 114 of 2014. Hereto annexed and marked as Exhibit-5 is the copy of said demand notice dated 01.01.2024.

8. Thereafter, I submit that the petitioner paid dues as per said notice issued by the Director, Directorate of Geology and Mining, Maharashtra State and informed Respondent No.3 vide letter dated 04.05.2024. Hereto annexed and marked as Exhibit-6 is the copy of said letter dated 04.05.2024. If any question arises in the future regarding the recovery of due RRC amount with regard to the points raised by the office of the Comptroller and Auditor General of India in report of the year 2014-15, the office of the

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District Collector, Raigad will not be responsible since the office of Collector Raigad has recovered only said amount in letter dated 01.01.2024 given by Director, Directorate of Geology and Mining, Nagpur, Maharashtra state. Hence if any amount is pending in regards to RRC must be intimated to this office by Director, Directorate of Geology and Mining, Nagpur, Maharashtra state.

6 In light of what is stated in the aforesaid affidavit, we find

that the stand taken by the Petitioner is accepted by the State. In these

circumstances, the impugned RRC dated 30 th September, 2019 is

hereby quashed and set aside. The consequence of the said quashing is

that the Petitioner shall be permitted to carry on with its mining

operations in accordance with law.

7 The Writ Petition is disposed of in the aforesaid terms.

However, there shall be no order as to costs.

8 This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by

fax or email of a digitally signed copy of this order.

[SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]