Court Directs Release of Seized Vehicle Subject to Conditions Amidst Challenge to Mineral Rules
In a significant development, the Madhya Pradesh High Court, Indore Bench, has granted interim relief to Vikas Kumar Pradhan in a case challenging the imposition of fines under the Madhya Pradesh Mineral (Prevention Of Illegal Mining, Transportation And Storage) Rules, 2022. The petitioner had contested Rule 18, which prescribes fines exceeding the Rs.5,00,000 limit set by Section 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957. The court ordered the release of Pradhan's seized vehicle, subject to several conditions.
The bench, comprising Justices Vijay Kumar Shukla and Alok Awasthi, heard arguments regarding the inconsistency between Rule 18 and the Act, as the rule imposes fines beyond the statutory maximum. The petitioner's vehicle was seized by authorities for alleged violations of mining regulations, and a fine of Rs.5,22,000 was levied, prompting the legal challenge.
Notably, the court found a prima facie case to challenge Rule 18 and concluded that the alternative remedy of appeal under Rule 27 would not be efficacious given the rule's contested validity. The court's interim order allows the vehicle's release upon the petitioner meeting specific conditions, including depositing a penalty of Rs.3,00,000 and providing a solvent surety equivalent to the vehicle's value.
Additionally, the petitioner must furnish undertakings regarding the vehicle's condition and availability for future proceedings. The court emphasized that if the vehicle is found involved in illegal mining again, it could be re-seized.
The decision underscores the judiciary's role in scrutinizing state rules against statutory limits, ensuring that penalties align with legislative provisions. The case will continue to be heard, with the interim relief subject to the petition's final outcome.
Bottom line:-
Madhya Pradesh Mineral Rules - Rule 18 prescribing fine exceeding the maximum limit under Section 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 challenged - Court grants interim relief by directing release of seized vehicle subject to conditions.
Statutory provision(s): Mines and Minerals (Development and Regulation) Act, 1957 Section 21(2), Madhya Pradesh Mineral (Prevention Of Illegal Mining, Transportation And Storage) Rules, 2022 Rule 18, Rule 27
