The Hindu Business Line : Storing of sand in violation of Act liable for penalty: HC

Chennai, Nov 15 The Madurai Bench of Madras High Court has held that storing sand unauthorisedly would contravene Section 21(4) of Mines & Minerals (Development & Regulation) Act, 1957 as well as Rule 36-A of Minor Mineral Concession Rules, 1959. The person who was in illegal possession of sand (mineral) was liable for penalty including confiscation of the sand.

Dismissing a writ petition from a contractor challenging an order dated 8-8-2007 of RDO, Musiri, Tiruchi seizing 7,385 load of sand kept unauthorisedly in Sriramasamudram village in violation of the Act of 1957, Mr Justice K. Chandru ruled that considering volume of sand stored, it could not be said to be for any personal agricultural use. There was no justification for storing such a huge quantity in the site. The law provided for penalty, and hence the person was liable to bear the penalty.

According to GO Ms No 95 (Industries Dept) dated 1-10-2003 quarrying and selling of sand was exclusively to be carried out by Government through PWD. The Tahsildar after inspecting the site found that sand was stored without authority. The RDO passed order confiscating the sand and directed that it be handed over to Executive Engineer, PWD, Tiruchi district

The petitioner, M. Prabakaran, who claimed to be a contractor, stated that he entered into a lease deed with one C. Sakthivel, son of late Chinnagounder, who was owner of the land on which sand was stored. How far reliance could be placed on said lease deed was a moot question, the Judge said.

Dismissing the petition, the Judge said that if petitioner was so advised, he could institute appropriate proceedings to establish his ownership to the sand stored in the village.

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