Gauhati High Court
Rakesh Kumar Singh vs The State Of Assam And 4 Ors on 2 May, 2023
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GAHC010151492022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5052/2022
RAKESH KUMAR SINGH
S/OP LT. SAHEB SINGH, R/O NAMRUP DIST. DIBRUGARH ASSAM PIN-
786623
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP,. BY THE SECRETARY TO THE GOVT. OF ASSAM FOREST DEPTT.
DISPUR GUWAHATI
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM FOREST DEPTT. DISPUR GUWAHATI
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
ASSAM
ARANYA BHAWAN
PANJABARI GUWAHATI
4:THE DIVISIONAL FOREST OFFICER
DIBRUGARH
ASSAM
5:THE RANGE FOREST OFFICER
JEYPORE RANGE
JEYPORE
DIST. DIBRUGARH
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : SC, FOREST
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
02.05.2023
Heard Mr. G.N. Sahewalla, learned Senior Counsel for the petitioner as well as Mr.
P.N. Goswami, learned Addl. Advocate General appearing for all the State respondents.
The grievance of the petitioner is that the State respondents have seized two
trucks belonging to the petitioner which were carrying stone chips, without having any
power to seize the said trucks in terms of the Assam Forest Regulation, 1891 or the
Assam Minor Mineral Concession Rules, 2013, herein after referred to as the "2013
Rules".
The petitioner's counsel submits that though Rule 3 of the 2013 Rules provides
for issuing a Transit Pass by the Principal Chief Conservator of Forest and Head of
Forest Force, Assam, in respect of Minor Minerals specified in Schedule 'Y', which
includes gravel i.e., stone chips, the said use of the word 'Transit Pass' cannot be
applied for seizing the trucks of the petitioner, as the Mines and Minerals (Development
& Regulation) Act, 1957, herein after referred to as the 1957 Act, does not provide for
issuance of a Transit Pass. He further submits that in the judgment of the Apex Court
in the case of State of Gujarat & Others v. Jayeshbhai Kanjibhai Kalathiya &
Others, reported in (2019) 16 SCC 513, Rules made by a State Government under
Section 15 of the 1957 Act can relate only to the regulation of grant of quarry and
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mining leases and other mineral concessions and it does not confer the power to
regulate the sale and transportation of already mined minor minerals. He further
submits that in terms of the judgment of this Court in Rengfrah Stone Crusher v.
State of Assam & Others , reported in (2009) 3 GLR 586, stone does not fall
within the definition of forest produce and as such, the authorities cannot insist for a
Transit Pass under the provision of the Assam Forest Regulation for transportation of
the same. He submits that the seizure has been done under Section 40 of the Transit
Rules under the Assam Forest Regulation, 1891. He also submits that in the Vehicle
Seizure Penalty Ticket issued against the two seized trucks, the penalty imposed upon
the petitioner includes (1) Price of minor minerals (2) Royalty (3) GST (4) IT (2.55%)
(5) Fine Amount (6) Processing Fee.
The petitioner's counsel submits that the respondents would have to show the
power in existence to enable them to inflict such penalty upon the petitioner.
Mr. P.N. Goswami, the learned Addl. Advocate General submits that stone is a
forest produce in terms of the judgment of the Apex Court in the case of State of
Uttarakhand v. Kumaon Stone Crusher, reported in (2018) 14 SCC 537. He also
submits that under Rule 64 of the 2013 Rules, the Department is empowered to realize
payment of price of the minor minerals, the applicable royalty and a fine not less than
Rs. 10,000/- for illegal or unauthorized mining. He submits that unless the petitioner is
able to produce the source of procurement of the stone/gravel, the petitioner would be
deemed to have illegally and unauthorizedly mined the seized stones. He also submits
that the penalty for inter-state transportation of minor minerals is governed by the
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Notification dated 06.03.2017.
Mr. P.N. Goswami, learned Addl. Advocate General submits that he will obtain
instructions with regard to the source of power for levying income tax and GST.
List the matter again on 04.05.2023.
JUDGE
Comparing Assistant
