Case BriefsSupreme Court

Supreme Court: The bench of Ashok Bhushan and MR Shah*, JJ has held that Magistrate can in exercise of powers under Section 156(3) of the Criminal Procedure Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the the Mines & Minerals (Development & Regulation) Act, 1957 (MMDR Act) and the Rules framed thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be attracted.

The Court was hearing a case relating to offences under Sections 379 and 414 IPC, Sections 4/21 of the MMDR Act and Rule 18 of the M.P. Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006 where the Magistrate in exercise of powers conferred under Section 156(3), Cr.P.C. suo motu directed to register criminal case under Section 156(3) Cr.P.C. for initiation of investigation and for submitting of report after due investigation is conducted. The concerned In-charge/SHOs of the concerned police stations was also directed to register the first information report and a copy of the first information report be sent to the learned Magistrate as per the provisions of Section 157, Cr.P.C. The Madhya Pradesh High Court had refused to quash the criminal proceedings.

It hence, concluded

i) that the Magistrate can in exercise of powers under Section 156(3) of the Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be attracted;

ii) the bar under Section 22 of the MMDR Act shall be attracted only when the Magistrate takes cognizance of the offences under the MMDR Act and Rules made thereunder and orders issuance of process/summons for the offences under the MMDR Act and Rules made thereunder;

iii) for commission of the offence under the IPC, on receipt of the police report, the Magistrate having jurisdiction can take cognizance of the said offence without awaiting the receipt of complaint that may be filed by the authorised officer for taking cognizance in respect of violation of various provisions of the MMDR Act and Rules made thereunder; and

iv) that in respect of violation of various provisions of the MMDR Act and the Rules made thereunder, when a Magistrate passes an order under Section 156(3) of the Code and directs the concerned In-charge/SHO of the police station to register/lodge the crime case/FIR in respect of the violation of various provisions of the Act and Rules made thereunder and thereafter after investigation the concerned In-charge of the police station/investigating officer submits a report, the same can be sent to the concerned Magistrate as well as to the concerned authorised officer as mentioned in Section 22 of the MMDR Act and thereafter the concerned authorised officer may file the complaint before the Magistrate along with the report submitted by the concerned investigating officer and thereafter it will be open for the learned Magistrate to take cognizance after following due procedure, issue process/summons in respect of the violations of the various provisions of the MMDR Act and Rules made thereunder and at that stage it can be said that cognizance has been taken by the learned Magistrate.

v) in a case where the violator is permitted to compound the offences on payment of penalty as per sub-section 1 of Section 23A, considering sub-section 2 of Section 23A of the MMDR Act, there shall not be any proceedings or further proceedings against the offender in respect of the offences punishable under the MMDR Act or any rule made thereunder so compounded. However, the bar under sub-section 2 of Section 23A shall not affect any proceedings for the offences under the IPC, such as, Sections 379 and 414 IPC and the same shall be proceeded with further.

Considering the need for stringent provisions which may have deterrent effect so that the violators may think twice before causing damage to the earth and the nature, the Supreme Court said

“It might be true that by permitting the violators to compound the offences under the MMDR Act or the rules made thereunder, the State may get the revenue and the same shall be on the principle of person who causes the damage shall have to compensate the damage and shall have to pay the penalty like the principle of polluters to pay in case of damage to the environment. However, in view of the large scale damages being caused to the nature, the policy and object of MMDR Act and Rules are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop the damages being caused to the nature.”

In the present case, on a surprise inspection, the respective Mining Inspectors checked the tractor/trolleys of the private appellants along with the minor mineral (sand/storage/yellow soil etc.) loaded in them.

[Jayant v. State of Madhya Pradesh, 2020 SCC OnLine SC 989, decided on 03.12.2020]


*Justice MR Shah has penned this judgment 

Case BriefsHigh Courts

Gujarat High Court: Biren Vaishnav J., allowed the petition to grant necessary clearance within the stipulated time for quarry lease under Mines and Minerals (Regulation and Development) Act, 1957 and Gujarat Minor Mineral Concessions Rules, 2017.

A petition was filed for the direction from the State Government to pass an order for grant of quarry lease as a letter of Intent was issued in the favour of the petitioner.

Shivani Rajpurohit, counsel for the petitioner submitted that the permission for conducting mining activities as per the provision of Mines and Minerals (Regulation and Development) Act, 1957 and Gujarat Minor Mineral Concessions Rules, 2017 was obtained by them. The Letter of Intent was executed in which environment clearance and mining plans were to be approved by the competent authorities within 2 years.  The petitioner submitted that the government has to issue an order in writing for grant of quarry lease to the holder of Letter of Intent in the abovementioned time which was going to be over, the consequence of which was forfeiting of the Letter of Intent. Thus, prayed for the necessary orders of grant for quarry lease in favour of petitioner.

Jayneel Parikh, counsel for the respondent, submitted that Letter of Intent was executed after observing all the necessary requirements. It was further submitted that on account of the peculiar situation, which arose on account of the timeline the State had to undertake necessary steps, more particularly in view of the applicability of Model Code of Conduct of General Election, 2019.

The Court after submissions by parties held that “it is for the Government to issue an order in writing for grant of quarry lease to the petitioner. It was also directed by the government that the said order should be passed in writing for the grant of quarry lease to the petitioner with the condition that petitioner shall not commence or carry out any mining activity in the area in question till the environmental clearance and other conditions as mentioned in the Letter of Intent are fulfilled, as provided under the Mines and Minerals (Development and Regulation) Amendment Act, 2015 is obtained by the petitioner”. [Shri Dev Mines and Minerals v. State of Gujarat, 2019 SCC OnLine Guj 861, decided on 16-05-2019]