- (1.) All these writ petitions involve common question of facts and law hence have been heard together and are being decided by this common order.
(2.) Since all these writ petitions are based on same identical facts and directed against similar recovery notice except for there being difference in dates, with the consent of the learned counsel for the parties for the purpose of reference, pleadings and documents of Civil Misc. Writ Petition No. 18753 of 2016 are being referred.
(3.) All the petitioners claim that they are farmers having bhumidhari rights in agricultural land and have been charged of illegal mining from their bhumidhari lands while they were carrying on mining operation. They have filed copy of Khasra and Khatauni of 1417 F. to 1422 F. to demonstrate that they are having bhumidhari rights in agricultural land. A notice dated 23.07.2014 was issued by Incharge Officer (Mining)/Additional District Magistrate-II, Aligarh requiring the petitioners to show cause why they may not be charged with royalty at the rate of Rs.14/- per cubic meter and five times price of mineral as well as maximum penalty of Rs.25,000/- under Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 (herein after referred to as the Act 1957). The notice further mentioned that Deputy Collector has submitted a report dated 20.06.2014 informing that petitioners have undertaken illegal mining of 1500 cubic meter of clay/soil from plot no. 343. Petitioners submitted their reply dated 30.12.2014 stating that there is no violation of any provision of the Act and the Rules and that plot in question was only levelled by them for agricultural purpose and is covered under the proviso to section 3 which provides that if digging/excavation is less than 02 meters then the provisions are not attracted. Thereafter, impugned recovery notice dated 23rd June, 2015 has been issued by Incharge Officer (Mining)/Additional District Magistrate-II, Aligarh to the Collector, Aligarh simply recording that no reply has been received despite service of notice and petitioners are guilty of illegal mining as such a sum of Rs. 1,46,000/- being cost of mining and five times royalty and penalty of Rs.25,000/- is liable to be recovered from them as arrears of land revenue. The recovery notice demonstrates that petitioners have violated Rule 3 of the Uttar Pradesh Mines Minerals (Concession) Rules 1963 (hereinafter referred to as the Rules 1963) and Section 21 of Act 1957 and are also guilty of committing of an offence under Act 1957 read with Rules, 1957.;