Immunity to Contractors of Maharashtra Samrudhi Mahamarg from illegal excavation of minor minerals
Immunity to the Contractors of Maharashtra Samruddhi Mahamarg (Mumbai-Nagpur Express Highway) – GR dated 3.1.2023 to cancel punitive proceedings initiated against them for illegal excavation of minor minerals – Legality is challenged in the High Court of Bombay, Nagpur Bench, in Writ Petition No.4680 of 2023 and by the order dated 26.7.2023 interim stay to the said GR was granted.
The petitioner filed complaint on 30.7.2019 for offences under Sections 379, 441, 120B read with section 34 of IPC and the Mines and Mineral (Regulation of Development) Act, 1957, against the contractors and sub-contractors for illegal excavation of minor minerals from his 100-acres land. FIR was registered only against Project Manager of the contract.
The petitioner filed criminal writ petitioner to transfer investigation to CBI. The High Court transferred the investigation to Local Crime Branch.
By the order dated 17.12.2019, the Tahildar, Seloo, passed an order dated 17.12.2019 for fine of Rs.226.89 crores and royalty of Rs.238.99 crores. The contractor had challenged the said order and interim stay is granted.
Similarly, the Forest Department registered offences under the Forest Act and this was challenged in Criminal Application No.372 of 2020.
GR dated 3.1.2023 was issued to cancel all punitive proceedings initiated for illegal excavation of minor minerals.
It was contended that the said Resolution is contrary to Section 48(7) of the Maharashtra Land Revenue Code, 1966, it could not be issued under Article 162 of the Constitution, it is issued to benefit contractors on whom the penalty of crores of rupees was imposed in exercise of statutory powers.
To my mind, many questions arise – (i) whether such an immunity can be given to the contractors at the cost of public exchequer from payment of fine and royalty, (ii) whether the contractors of said Highway alone can be given immunity, (iii) whether the illegal excavation of minor minerals from the private land of the petitioner can be given immunity and to cancel to punitive proceedings and (iv) whether the Government has powers to cancel punitive proceedings of criminal offences for illegal excavation of minor minerals in violation of the Maharashtra Land Revenue Code, the Forest Act and also rights of citizens to the property?
