High Court Quashes Orders, Upholds Right of Property: Vehicle Released on Superdari in Alleged Mining Case

07 May 2024 2:49 AM

By: Admin

In a significant ruling, the High Court of Punjab and Haryana at Chandigarh delivered a judgment on 19^th July 2023, quashing the orders passed by lower courts and upholding the right of property in a case related to alleged illegal mining. The court, presided over by Hon’ble Mr. Justice Sandeep Moudgil, released the petitioner’s vehicle on superdari until the conclusion of the trial.

The petitioner, Murali Lal Sharma, had sought the quashing of an order passed by ADJ Nuh on 12.01.2023 and another order passed by JMIC Punhana on 10.11.2022. The petitioner’s vehicle was seized by the officers of the Department of Mines and Geology Gurugram/Nuh, alleging a violation of Haryana Mineral Concession, Stocking, Transportation of Mineral, and Prevention of Illegal Mining Rules, 2012.

In its judgment, the High Court emphasized the principles of natural justice and the right of property, as guaranteed under Article 300A of the Constitution of India. The court stated, “Deprivation of a person’s property without proper procedure could even be an infringement of his right of property.”

The court further highlighted the importance of balance while enforcing environmental laws, stating, “The Rules provide penalties for violations, and respondent authorities should follow prescribed procedures.”

The judgment also took into consideration the lack of evidence and unjust presumptions made by the lower courts. It was noted that the petitioner’s vehicle was allegedly found at the spot of the incident, but there was no direct evidence implicating the petitioner in illegal mining activities.

The court’s decision set aside the orders passed by both the lower courts, asserting that the petitioner’s rights had been infringed upon. The court allowed the release of the vehicle on superdari until the conclusion of the trial, ensuring the preservation of the right of property and adherence to the principles of natural justice.

This judgment reinforces the importance of fair proceedings and adherence to legal procedures when dealing with matters of property rights and alleged violations of environmental laws. It serves as a reminder that the law must be meticulously implemented, striking a balance between preserving the environment and protecting individual rights.

The ruling cited relevant legal precedents, including cases such as Irafan vs. State of Haryana & Anr. And Avi Garg Vs. State of Punjab, highlighting the court’s commitment to upholding justice and equity in similar situations.

Date of Decision: 19.07.2023

Murali Lal Sharma vs State of Haryana & Anr.