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TMI Blog2017 (7) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... r Generation Company Limited for the construction of 1X500 MW Thermal Power Project at Khaparkheda. In terms of the contract, the petitioner was required to erect buildings and structures for setting up of the power project. While erecting the structures as per the contract, the petitioner was required to dig the project site and excavate the earth for the purpose of laying the foundation of the structures. It is the case of the petitioners and it is not disputed by the respondents that the excavated earth was utilized in the construction of the project and the dug up pits were filled. When the project reached the stage of completion, the Tahsildar served a notice on the petitioner asking it to show cause as to why penalty should not be imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th that is not used for the said purpose cannot be included within the fold of the term 'minor mineral'. It is submitted that earth was excavated by the petitioner for digging up the pits for laying the foundation of the thermal project and the excavated earth was utilized for filling up the pits and the areas that were dug up for laying the foundation. It is submitted that in almost similar set of facts, the Hon'ble Supreme Court has, in the judgment reported in 2015(12) SCC 736 (Promoters and Builders Association of Pune Versus State of Maharashtra & Others) quashed a similar order passed by the revenue authorities under the provisions of Section 48(7) of the Maharashtra Land Revenue Code. 4. Shri K.L. Dharmadhilari, the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Minerals (Development and Regulation) Act. It would be worthwhile to refer to the notification of the Central Government, dated 03.02.2000 which reads thus:- NOTIFICATION "GSR 95(E). -- In exercise of the powers conferred by clause (e) of Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby declared the 'ordinary earth' used for filling or levelling purposes in construction of embankments, roads, railways, buildings to be a minor mineral in addition to the minerals already declared as minor minerals hereinbefore under the said Clause." It is apparent from a reading of the notification of the Central Government dated 03.02.2000 that ordinary earth used for fillin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... building for the thermal project. In the case before the Hon'ble Supreme Court, since the earth excavated for the purpose of laying the foundation of the building was deployed in the building itself, just like in the present case, the Hon'ble Supreme Court held that the earth so excavated would not fall within the term 'minor mineral'. It was observed by the Hon'ble Supreme Court that where the excavated earth was utilized for the purpose like the one in this case, the notification, dated 03.02.2000 would have no application as the excavated earth in such a case would not be a species of minor mineral under Section 3(e) of the Mines and Minerals (Development and Regulation) Act. As per the Hon'ble Supreme Court, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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