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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 ..... ing purposes in construction of embankments, roads, railways, buildings, etc. is to be considered as a minor mineral in addition to the minerals already declared as such, under the provisions of Section 3(e) of the Act. The notification dated 03.02.2000 only includes the ordinary earth used for the purposes mentioned in the notification to be a minor mineral and the ordinary earth that is used for any purpose other than the ones mentioned in the notification is not to be considered as a minor mineral. It is not the case of the respondent-Tahsildar or the State Government that the petitioner had utilized the earth for filling or levelling purposes in construction of embankments, roads, railways, buildings, etc. It is apparent from the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 imposed on the petitioner for illegally excavating the earth from the construction site without permission. The petitioner replied to the said notice and denied the liability. The respondent No. 1-Tahsildar by the impugned order, dated 08.06.2011 directed the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 learned Assistant Government Pleader appearing for the revenue authorities, supported the order of the Tahsildar. It is submitted that earth was also included in the term 'minor mineral' from the year 2000 and since the petitioner had excavated t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 filling or levelling purposes in construction of embankments, roads, railways, buildings, etc. is to be considered as a minor mineral in addition to the minerals already declared as such, under the provisions of Section 3(e) of the Act. The notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n'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 end use of the earth that is excavated for laying the foundation or for any other purpose, would determine whether the excavated earth could be brought within the fold of the term 'minor mineral'. If the excavated earth is not used f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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