Quashed

Bhojabhai Khengarbhai Dambhala v. State of Gujarat

Gujarat HC2 Aug 2019SCA/7608/2019

Case brief

AI extract

What is this about?

The High Court allowed a draft amendment in special civil applications filed under Article 226. It quashed the seizure of tractors found during illegal mining raids, holding the action was based on mere suspicion without direct evidence or prior notice, and directed the authority to reconsider within two weeks after a hearing.

What did the court decide?

Seizure of tractors quashed; case remanded to Assistant Geologist for reconsideration after hearing within two weeks.

Bhojabhai Khengarbhai Dambhala Vs State of Gujarat — Writ and Judicial Review | Gujarat HC (2019)

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C/SCA/7608/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7608 of 2019 With

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R/SPECIAL CIVIL APPLICATION NO. 7734 of 2019

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============================================= BHOJABHAI KHENGARBHAI DAMBHALA

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Versus STATE OF GUJARAT

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============================================= Appearance:

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MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1 MR. ROHAN SHAH, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS(5) for the Respondent(s) No. 2 =============================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 02/08/2019

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ORAL ORDER

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Draft amendment in the respective petitions, are allowed and to be carried out forthwith.

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These petitions are filed under Article-226 of the Constitution of India for releasing of vehicles, which are allegedly involved in activity of illegal mining. Considering the similarity in both the petitions and the submissions being common, both the petitions are taken up for joint hearing and disposal.

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The vehicles in question is Tractors, which admittedly were found in empty condition and not being loaded with any kind of mines and minerals. When the Authorities have proceeded to involve vehicle in the case of illegal mining, imposing penalty of Rs.25,000/- for the release of vehicle and Rs.22,83,641/- for illegal mining and Rs.9,36,276/- towards the environment compensation. In response to the Notice, affidavit has been filed. From the affidavit it appears that on the basis of several complaints received from Local Villagers

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C/SCA/7608/2019 ORDER

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of illegal mining activities that has taken place in Ghelo River bed of Village-Tatana, raids were carried out. During this period, the present two tractors were found lying. These vehicles were seized and seizure memos were also issued. In the reply, it is also stated that th illegal mining activity was going on for long. However, there does not appear to be any justification in arriving at figure of Rs.22,83,641/- and the justification that how these two vehicles (tractors) can be considered to be involved in this massive alleged illegal excavation.

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Prima facie it appears that the tractors have been seized only on mere suspicion of being involved in illegal mining activity and in absence of any evidence directly connecting the vehicles in illegal mining activity and since such seizure is also without giving a notice to the petitioner, prior to such seizure, it would be appropriate to relegate the case back to the authority namely Assistant Geologist, Mines and Mineral Department, Botad for reconsidering the issue of seizure of tractors. Such action to be taken within a period of two weeks from today after giving an opportunity of hearing to the petitioner.

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With the aforesaid, the petitions stand disposed of.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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PARESH SOMPURA

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Bhojabhai Khengarbhai Dambhala v. State of Gujarat

Case brief

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Bhojabhai Khengarbhai Dambhala v. State of Gujarat

Case brief

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