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2017 (7) TMI 1286 - HC - Indian LawsImposition of Royalty and penalty for the illegal excavation of earth - Section 48(7) of the Maharashtra Land Revenue Code, 1966 - Held that:- The order of the Tahsildar cannot be sustained. Ordinary earth was not included within the definition of the term 'minor mineral' till it was brought within the fold of the said term by the notification, dated 03.02.2000 issued by the Central Government under the provisions of Section 3(e) of the Mines and Minerals (Development and Regulation) Act. It is apparent from a reading of the notification of the Central Government dated 03.02.2000 that ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways, buildings, etc. is to be considered as a minor mineral in addition to the minerals already declared as such, under the provisions of Section 3(e) of the Act. The notification dated 03.02.2000 only includes the ordinary earth used for the purposes mentioned in the notification to be a minor mineral and the ordinary earth that is used for any purpose other than the ones mentioned in the notification is not to be considered as a minor mineral. It is not the case of the respondent-Tahsildar or the State Government that the petitioner had utilized the earth for filling or levelling purposes in construction of embankments, roads, railways, buildings, etc. It is apparent from the impugned order that the Tahsildar has not imposed the penalty on the petitioner for excavating any mineral other than the earth and the same is passed due to the excavation of the earth to the extent of 144318 Brass. Since the earth excavated by the petitioner cannot be brought within the fold of the term 'minor mineral', the Tahsildar could not have passed the impugned order under Section 48(7) of the Maharashtra Land Revenue Code as it could not be said that the petitioner had excavated 'minor mineral' without seeking the requisite permission. The impugned order of the Tahsildar is quashed and set aside - petition allowed.
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