Jodhpur:<\/strong> The Rajasthan High Court has quashed enhanced mining demands issued against Banwari Lal Jhuria and M\/s Jindal Stone Crushing Company, noting that the Mines Department increased the alleged illegal excavation without conducting a fresh site inspection or showing the material on which the revised figures were based.<\/p>\n\n\n\n Justice Dr. Nupur Bhati allowed both petitions and set aside the demand notices dated October 24, 2019 and November 26, 2019.<\/p>\n\n\n\n The dispute relates to stone ballast mining leases near Gopalpura in Sujangarh, Churu. After a site inspection in July 2017, the department alleged illegal excavation of 8,300 tonnes in Banwari Lal\u2019s case and 4,300 tonnes in the Jindal Stone Crushing Company case. Demands of \u20b919.29 lakh and \u20b910.09 lakh were raised, and the Revisional Authority later upheld them.<\/p>\n\n\n\n The matter took a different turn in 2019 when the department came up with much higher figures. The alleged excavation was increased to 15,412.80 tonnes in Banwari Lal\u2019s case and 7,984.08 tonnes in the other case. This time, however, there was no fresh inspection of the mining sites.<\/p>\n\n\n\n The department relied on an audit report of the Accountant General, Rajasthan to support the revised figures. But the petitioners were not given the audit material, calculation sheets or any details showing how the quantities had been worked out.<\/p>\n\n\n\n The High Court found this to be the main problem. It said that when the authorities seek to impose a substantially higher financial liability, the person affected must be told what material is being relied upon and must get a fair chance to respond.<\/p>\n\n\n\n The Court also refused to dismiss the petitions merely because an alternative statutory remedy was available. It held that the High Court can intervene under Article 226 where there is a clear breach of natural justice.<\/p>\n\n\n\n Accordingly, the High Court quashed the enhanced demand notices dated October 24, 2019 and November 26, 2019.<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" Court Says Authorities Cannot Raise a Fresh Mining Demand Without Showing How the Quantity Was Recalculated Jodhpur: The Rajasthan High Court has quashed enhanced mining demands issued against Banwari Lal Jhuria and M\/s Jindal Stone Crushing Company, noting that the Mines Department increased the alleged illegal excavation without conducting a fresh site inspection or showing … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9384,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[29,69],"tags":[2229,2419,2416,1513,2418,2420,2356,1417,89,43,1515,2417],"class_list":["post-9466","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-stories","category-rajasthan-high-court","tag-article-226","tag-banwari-lal-jhuria","tag-churu","tag-illegal-excavation","tag-jindal-stone-crushing-company","tag-mines-department","tag-mining-demand","tag-mining-lease","tag-natural-justice","tag-rajasthan-high-court","tag-rajasthan-mining","tag-sujangarh"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9466","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9466"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9466\/revisions"}],"predecessor-version":[{"id":9467,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9466\/revisions\/9467"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9384"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9466"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9466"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9466"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}