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TMI Blog2018 (9) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... 1996 prescribed particular procedure to compound the offence by imposition of penalty. The Writ Petition No.1313/2018 & connected procedure has been altered by subsequent amendment during the pendency of proceedings. The petitioners certainly have a right to dispose of their cases of un-authorized extraction and transportation of minerals by levy of penalty on the basis of rules inforce at the time of inspection made by the mining authorities, but they have no vested right to follow the procedure prescribed on that date on which inspection was made. Since, there is no such vested right, all pending cases of illegal extraction is to be disposed of as per procedure prescribed under the amended provisions of the law. The amendments, no doubt introduced certain additional conditions and power has been given to the Collector or any officer authorized by him not below the rank of Deputy Collector, which one intended for public good and due regulation of the mining activity in the light of vital concerns with regard to protection of illegal extraction and transportation of minerals. 20. In the present case, by amendment dated 18.5.2017, the power has also been delegated to the Sub Divis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mineral Rules, 1996 (in short "the Rules of 1996") and thus, this Court has wrongly directed that the question of imposition of penalty as per the rules which was prevailing on the date of joint inspection made by the joint inspect team and the same has to be dealt with under amended provisions of the Rules of 1996. He has also drawn our attention to the law laid down by the Apex Court in the case of Commissioner of Income Tax, Orissa vs. Dhadi Sahu reported in 1994 Supp (1) SCC 257, wherein it has been held as under :- 19. Section 274(2) as it stood prior to April 1, 1971 required the Income Tax Officer to refer the case to Inspecting Assistant Commissioner if the minimum penalty impossible exceeded Rs. 1000. The Inspecting Assistant Commissioner on a reference made by the Income Tax Officer got jurisdiction to impose penalty in such cases. The jurisdiction on Inspecting Assistant Commissioner was conferred by virtue of the reference. The reference was validly made by the Income Tax Officer before April 1, 1971. The question is did the amendment to Section 274 divest the Inspecting Assistant Commissioner of his validly acquired jurisdiction or the amendment ousted his jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where they are pending to the court or the tribunal which under the new law gets jurisdiction to try them. 21. It is also true that no litigant has any vested right in the matter of procedural law but where the question is of change of forum it ceases to be a question of procedure only. The forum of appeal or proceedings is a vested right as opposed to pure procedure to be followed before a particular forum. The right becomes vested when the proceedings are initiated in the tribunal or the court of first instance and unless the legislature has by express words or by necessary implication clearly so indicated, that vested right will continue in spite of the change of jurisdiction of the different tribunals or forums." 25. At this stage, we may state with profit that it is a well settled proposition of law that enactments dealing with substantive rights are primarily prospective unless it is expressly or by necessary intention or implication given retrospectivity. The aforesaid principle has full play when vested rights are affected. In the absence of any unequivocal expose, the piece of Legislation must exposit adequate intendment of Legislature to make the provision retrospe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch rights as declared under sub-section (1) of Section 247 of the Code. The Government is free to assign any bodies its rights over any minerals, mines or quarries. Even if the land belongs to the private persons, then the said land owner is entitled only for payment of compensation wherein rights of any person are infringed. In terms of sub-section (1) of Section 247 of the Code, right to all minerals, mines and quarries vests in the State Government. There is nothing otherwise in the Code that the Bhumiswami has any right in respect of minerals. The grant of quarry lease for extraction of minerals (minor minerals) is governed by the Rules of 1996. As per sub-section (7) of Section 247 of the Code, the Sub-Divisional Officer is competent to prove the illegal extraction of minerals and, therefore, on 08.12.2017, the Sub-Divisional Officer who has passed the impugned order was competent to take appropriate proceedings in respect of illegal extraction of minerals and, thus, there is no merit in any of the contention raised by the review petitioner. He lastly submits that there is no error apparent on the face of the record and prays for dismissal of all the review petitions. 8. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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