SUZLON GUJARAT WIND PARK LIMITED Vs. COLLECTOR
LAWS(MPH)-2018-3-91
HIGH COURT OF MADHYA PRADESH
Decided on March 07,2018

Suzlon Gujarat Wind Park Limited Appellant
VERSUS
COLLECTOR Respondents


Referred Judgements :-

STATE OF M P VS. JYOTIRADITYA SCINDIA [REFERRED TO]


JUDGEMENT

S.C.SHARMA,J. - (1.)The petitioner before this Court has filed the present petition being aggrieved by the order dated 23/27.06.2017 passed by the Collector, Ujjain, by which, the Collector has imposed a penalty of Rs.59.06 lakhs upon the petitioner for violating Section 188 of the IPC.
(2.)The facts of the case reveal that the petitioner company is a company incorporated under the Companies Act , 1956 and is having an establishment of renewable energy production at Barnagar Tehsil of District Ujjain and the allegation against the petitioner/company is that the petitioner/company has damaged a road i.e. road adjoining Banderbela to Bhuwasa.
(3.)The impugned order of the Collector reveals that the Collector has passed an order under Sections 133 of the Code of Criminal Procedure and Section 188 of the Indian Penal Code and the persons were prohibited for using the road by plying vehicle having weight of more than 8 tonnes. The order of the Collector reveals that the Collector has held that the petitioner/company has violated Section 188 of the IPC and in those circumstances, a fine of Rs.59.06 lakhs has been inflicted upon the petitioner/company.


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