The Telangana High Court has set aside penalty notices issued by the Mines and Geology department to 12 private entities, which were accused of illegal excavation and transportation of gravel from government lands. Justice K. Lakshman, in allowing writ petitions filed by the private parties, has remanded the matters back to the concerned Assistant Directors of Mines and Geology for fresh consideration.
The notices, issued by the government, alleged that the petitioners had violated Rule 26-2 of the Telangana State Minor Mineral Concession Rules-1966 by operating without necessary permissions, leading to the imposition of penalties. While the court affirmed the Assistant Directors’ jurisdiction to initiate proceedings for rule violations, it stressed the necessity for authorities to offer a fair hearing to the parties and consider their contentions before imposing penalties, adhering to principles of natural justice.
As a result, the court directed the petitioners to approach the officers to obtain copies of all relevant documents, such as survey reports, data, and inspection details. Following the petitioners’ responses, the authorities are mandated to objectively evaluate the quantum of penalties and issue fresh orders strictly in accordance with legal principles.
Source: https://www.thehindu.com/news/national/telangana/hc-sets-aside-penalty-notices-over-illegal-gravel-excavation-transportation/article70125657.ece