S.K. STONE CRUSHER AND SCREENER, VILL PANDORI, KATHUA Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 14,2020

S.K. Stone Crusher And Screener, Vill Pandori, Kathua Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

Sanjeev Kumar - (1.)Impugned in this petition are the order passed by the District Mineral Officer, Geology and Mining Department, Kathua dated 19.08.2019, order dated 12.02.2020 passed by Joint Director, Central, Geology and Mining Department, Jammu and order dated 30.07.2020 again passed by the District Mineral Officer, Geology and Mining Department, Kathua, whereby the petitioner has been imposed a penalty of รข "? ?3,42,79,346/- in terms of Section 21(5) of the Mines and Minerals (Development and Regulation) Act 1957 and the Rules framed thereunder and the petitioner has been given 15 days' time to deposit the amount in 36 equal monthly installments and also to submit his consent that he will abide by terms and conditions of the notice, within 15 days' from the date of issuance of the notice.
(2.)The petition is contested by Mr. F.A Natnoo, learned AAG appearing for the respondents, who submits that the penalty has been imposed after assessment of the material made by the committee headed by the District Mineral Officer, Geology and Mining Department, Kathua and the petitioner was given opportunity to respond to the proposed seizure.
(3.)Learned counsel for the petitioner placing reliance upon the order passed by this Court dated 14.07.2020 in WP (C) No. 448/2020 submits that this case is squarely covered by the aforesaid order and therefore, similar directions are required to be issued to the Deputy Commissioner to settle the issue.
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