Hari Datt Bhatt vs State & others

Application for

license for storage of

minerals","Chapter- III

STORAGE OF MINERALS

(1) Subject to the provisions of these rules, application for a license for storage of minerals shall be made in ''Form H''

to the concerned district officer

(2) Every such application shall be accompanied by a non refundable fee to he Rs.500.00, name of the storage owner with

complete address; details of storage site; name of the mineral quantity of the mineral to be stored; period for license and

purpose of storage.

Disposal of

application","9. The district officer subject to the provisions of these rules and after making such enquiry as it may consider necessary,

may grant the license in ''Form I'' for a period of two years for such quantity as may be considered by him to be fit and

proper.

An application for the renewal of license for storage of minerals shall be made of the district officer at least two months

before the date of which, the license is due to expire alongwith a fee of Rs.500.00 and particulars of previous license. The

license may be renewed up to two years at a time.

No person shall-

a. store any mineral in any place without obtaining a license.

b. store any mineral within 50 metres from any public road, railway track or any public premises,

c. use any land for storage of minerals, which do not belong to him or is not held by him/her under valid tenancy,

d. transport the minerals from storage premises to any other place without issuing Transit Pass in ''Form J'' appended to

these rules.

(1) The holder of such license shall keep all times a correct and intelligible account of mineral(s) purchased, stored or

dispatched in Form ''K'' appended to these rules.

(2) The holder of the license for storage of the minerals shall submit a copy of correct account of mineral, stored and

transported by him every month to the district officer under whose jurisdiction the premises of storage is situate in Form

''L'' appended to these rules.

Renewal of license,

Restriction on

storage and

transportation of

minerals",

Maintenance of

correct account of

minerals",

13 (2) If any illegality is found in the stock of the mineral(s), the district officer or the officer authorized by the State Government in this behalf may",

issue a notice to such licensee to explain his case within thirty days from the receipt of the notice and if no explanation is submitted within stipulated,

time or the explanation so submitted is not found satisfactory then the license may be determined by the district officer and if the stock so checked,

is found without any lawful authority, the same may be seized and confiscated.""",

In the instant case, petitioner has stored 656 cubic meter of minor minerals in Khet No.471/513 without obtaining necessary licence. Petitioner",

had applied for licence which was issued to him by the S.D.M. concerned only on 10.8.2009. By that time, he had illegally stored the minerals in",

Khet No.471/513. Petitioner was issued a show cause notice by the S.D.M. on 23.6.2009, to which the reply was filed on 15.7.2009. The",

enquiry was held by the S.D.M., who submitted the report to the District Magistrate. The District Magistrate, on the basis of the report furnished",

by the S.D.M., has passed the order on 26.12.2009, whereby he has imposed the penalty of Rs.5,000/- and ordered the Tehsildar, Purnagiri,",

Tanakpur to hold the auction. Petitioner was handed over the Supurdgiri of the minerals stacked in Khet No.471/513. He could not dispose of the,

minerals without permission of the competent authority under the Rules. There is a detailed procedure in the manner in which the minerals can be,

stored as per the Rules of 2005. The petitioner was supposed to submit the application under Rule 8. It was to be disposed of as per Rule 9.,

There is a provision for renewal of licence under Rule 10. Rule 11 specifically lays down that no person shall store any mineral in any place without,

obtaining a licence and transport the minerals from storage premises to any other place without issuing Transit Pass in ''Form J'' appended to these,

Rules.,

Petitioner has illegally stored the material in Khet No.471/513. The State Government has framed the Rules u/s 23(C) of the Act of 1957.,

According to sub-rule (2) of Rule 13, the minerals illegally stacked can be seized and confiscated.",

Learned counsel appearing for the petitioner has vehemently argued that the competent authority could only seize and confiscate but it cannot,

auction the same. In the instant case, the petitioner has not sought any licence to store the minerals in Khet No.471/513. He was handed over the",

possession under Supurdgiri. The reply filed by the petitioner was not satisfactory. It is in these circumstances the District Magistrate has rightly,

ordered the auction of the minerals to the respondent no.8-Imran Ansari who was the highest bidder. He has given the bid of Rs.1.75 lakh. The,

petitioner was duty bound to hand over the minerals measuring 656 cubic meter to respondent no.8 or to pay him a sum of Rs.1.75 lakh, in case",

the minerals had gone missing.,

Accordingly, there is no merit in this petition and the same is hereby dismissed. Petitioner is directed to handover the possession of 656 cubic",

meter of minerals or alternatively to pay a sum of Rs.1.75 lakh to the respondent no.8, as ordered by the Tehsildar concerned. It is made clear by",

way of abundant precaution that in case the petitioner does not hand over the minerals stacked by him or alternatively does not pay the amount of,

the same, it shall be open to the District Magistrate concerned to recover a sum of Rs.1.75 lakh from the petitioner as the arrears of land revenue",

by attaching the property of petitioner in accordance with law.,

Pending application, if any, stands disposed of.",