Maharashtra Land Revenue Code, 1966 – Section 48(7) – Unauthorised exacavation of earth for sewerage pipeline network of Thane Municipal Corporation – Penalty and royalty charge
Thane Municipal Corporation had given tender for underground sewerage pipeline network in February 2009 to the Petitioners. Under this contract, the petitioner was required to dig, excavate the earth, store excavated earth in a designated spot, lay reinforced concrete pipes for carrying the sewerage, thereafter to fill the land with earth and dump the excess soil in designated location.
The complaint under RTI was made in respect of alleged violation of the MLRC for non-payment of excavation of minor minerals.
On 13.10.2011, the show cause notice was issued in respect of 21,222 brass of earth excavated without authority.
On 17.10.2011, the petitioner informed that it was implementing a public works project and excavated earth was being used for refilling the trenches.. It was also stated that the estimation of the earth excavated appeared to be erroneous.
However, on 29.11.2011, the Tahsildar, Thane, passed the order for penalty of Rs.1.47 crores and royalty of Rs.49.18 lakhs.
HELD that after the judgment of the Supreme Court in Promoters and Builders case decided on 3.12.2014 interpreting Section 48(7) of MLRC in connection with excavation of earth. It resembles the position of the petitioner. Thereafter, the decision in AIGP Developers was given in 2024 SCC OnLine Bom 726 applying the earlier decision of the Supreme Court. The interpretation squarely applies to the case. The petitioner is the agent of Thane Municipal Corporation and confirmed in its affidavit. Moreover, by the Resolution dated 7.1.2011, the Government explicitly waited royalty on excavation of earth involved in public projects in course of development. There was no whisper in the show cause notice or the order about any commercial exploitation of the excavated earth. The facts asserted by TMC do not point out commercial exploitation of the excavated earth.
Judgment dated 28.3.2024 in W.P.No.13593 of 2016 of M/s. Ramky Infrastructure Ltd and another Vs. The State of Maharashtra and others
