Can fine 100% value of mineral quarried sans green nod: Madras High Court
By virtue of the authoritative pronouncement of the judgment by the SC in the Common Cause case, read with section 20 (a) of the Mines and Minerals (Development and Regulation) Act 1957, it can be seen that the state, as a delegatee in framing rules relating to minor minerals, could not have created any contra rules that overreach or supersede the notifications issued by the centre. 'Consequently, notwithstanding Rule 42 (iii) of the TN Minor Mineral Concession Rules, 1959, which grants 630 days of time, I hold that both the lessees of major and minor minerals of less than 5 ha are mandated to obtain EC, even if they are existing lessees and their renewal is not due as of 15.01.2016,' the order read.
Justice Chakravarthy stated once it has been established that it is a mandate of law, merely because there were some actions taken by the state government and the MoEF in issuing clarifications, it cannot be claimed that Section 21 (5) of the MMDR Act, 1957 cannot be enforced.
He upheld the individual orders of the collectors, challenged in the writ pleas, which impose 100% penalty of the minerals' value under the MMDR Act. However, he ordered deducting the seiniorage fees already paid by the lessees from the penalty amount and recover the balance which shall be intimated to them within three weeks. The lessees have to pay the amount within two months thereof.
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