M/S Sakthi Builders India Private Limited v. The Deputy Commissioner

S/L 1 In the High Court at Calcutta 16.05.2025 Circuit Bench at Port Blair Court. No. 19 Suvayan/ Sourav WPA 237 of 2025 M/s Sakthi Builders India Private Limited & Anr. Vs.

The Deputy Commissioner Car Nicobar & Ors.

Mr.Gopal Binnu Kumar ...for the petitioners.

Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Dibesh Dwivedi ...for the respondents.

1.

In course of hearing on behalf of the A & N Administration photocopies of the order sheets as passed by the Sub-Divisional Magistrate, Car Nicobar that is the respondent no. 2 herein in connection with RC no. ACN/01/2025 is filed and the same is taken on record.

2.

By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against respondents/authorities more specifically against the respondent no. 1 for quashing of the order dated 25.03.2025 whereby and whereunder the respondent no. 1/authority has imposed a fine of Rs. 3,86,43,200/- upon the writ petitioners in terms of the provision of Section 201

(6) of A and N Revenue and Land Reforms Regulation, 1966 (hereinafter referred to as the 'said Regulation of 1966') and also under Section 34 of A & N Islands Minor Mineral Rules, 2012 (hereinafter referred to as the 'said Rules of 2012').

3.

In course of hearing Mr. Binnu Kumar, learned Advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to page nos. 38 to 52 of the instant writ petition being the copies of the different agreements as has been executed by and between the APWD and the present writ petitioners whereby and whereunder different civil works have been allotted to the writ petitioners in the A and N Islands including Car Nicobar Island. 4.

Drawing attention to page nos. 53, 65A, 65B and 54 to 64 of the instant writ petition, it is submitted by Mr. Binnu Kumar that from the aforementioned documents it would reveal that for the purpose of execution of the civil work as entrusted by APWD to the writ petitioners, the writ petitioners procured various minor minerals viz.; sand, stone, etc. from different places including from a foreign country and those have been sent to Car Nicobar Island from Port Blair through water ways. It is further submitted that documents relating to transportation and shipment of those minor minerals are still in possession of the writ petitioners including the cash memo thereof and copies thereof have been annexed with the instant writ petition.

5.

At this juncture, attention of this Court is drawn to page no. 66 of the instant writ petition being a copy of the notice dated 20.01.2024 as issued by the

respondent no. 2 herein addressed to the writ petitioner asking him to furnish requisite documents for shipments of the aforementioned minor minerals and stacking thereof in various parts of the Car Nicobar Island within a stipulated period.

6.

It is submitted on behalf of the writ petitioners that by issuing a letter dated 27.01.2025 the writ petitioners expressed their inability to produce all those documents as called for by the respondent no. 2 within the stipulated period. It is further contended that all on a sudden and without giving any opportunity of hearing, the respondent no. 1 by passing the order under challenge dated 25.03.2025 as has been annexed at page nos. 69 and 70 of the instant writ petition had imposed aforementioned amount of fine upon the writ petitioners in terms of the provision of Section 201

(6) of the said Regulation.

7.

It is submitted by Mr. Binnu Kumar that while passing the said order under challenge, the respondent no. 1 has miserably failed to visualize that the aforementioned minor minerals have been brought to the Car Nicobar Island to carry out the civil work as entrusted to the writ petitioners by APWD and further the respondent no. 1/authority without giving any opportunity of hearing to the writ petitioners most unilaterally imposed a huge

amount of fine which is not only unreasonable but also without jurisdiction.

8.

At this juncture, Mr. Binnu Kumar again took me to paragraph no. 29 of the instant writ petition wherein Section 201 of the said Regulation has been quoted. Drawing attention to page no. 19 of the instant writ petition being the relevant provisions of Section 201

(6) of the said Regulation, it has been argued on behalf of the writ petitioner that on perusal of the aforementioned relevant provision, it would reveal that the respondent no. 1 may impose a penalty upon a person only when it has been proved that such person had extracted or removed minerals from any mine or quarry without any lawful authority.

9.

At this juncture Mr. Binnu Kumar again requests this Court to peruse Page Nos. 69 and 70 of the instant writ petition, being the copy of the order dated 25.03.2025 which is under challenge. It is further submitted by Mr. Binnu Kumar that on careful perusal of the order under challenge, it would reveal that there is no finding on the part of the respondent no. 1/authority that the writ petitioner no. 1 company had extracted or removed minerals from any mine or quarry. It is thus submitted that such being the position, the order under challenge may be set aside since the decision making process of the respondent no. 1 has been

vitiated for non-consideration of the materials as available in the record and further for consideration of extraneous materials which are beyond the record.

10. It is thus submitted by Mr. Binu Kumar that in view of such, appropriate relief/reliefs may be granted to the writ petitioners in terms of the prayers made in the instant writ petition.

11.

Per contra, Mr. Chakraborty, learned Senior Advocate appearing on behalf of the respondent/A & N, Administration and its functionaries at the very outset draws attention of this Court to the photocopies of the documents as have been filed today at the time of hearing. It is submitted by Mr. Chakraborty that the contention of the writ petitioners that he was not afforded with any opportunity of hearing is contrary to the truth inasmuch as from the order-sheets of RC No.

SEN/01/2025, it would reveal that despite availing ample opportunities, the writ petitioners for the reasons best known to them had not produced any documents to substantiate their alleged transshipment of minor minerals to Car Nicobar Island and for stacking thereof. It is thus submitted by Mr. Chakraborty that for the aforementioned reasons, there cannot be any justification to interfere with the order which is under challenge before this Court.

12.

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, it appears to this Court that while imposing the penalty/fine to the tune of Rs. 3,86,43,200/-, the respondent no. 1 had resorted to the provisions of Section 201(6) of the said Regulation. At this juncture, if I look to the provisions of Section 201(6) of the said Regulation, it appears to this Court that the authority under the said sub-section was empowered to impose penalty in the event, it finds that any person had extracted or removed any minerals from any mines or quarry without any lawful authority.

13.

This Court has meticulously perused the order dated 25.03.2025 which is under challenge before this Court. In such order this Court finds no whisper with regard to the finding of the respondent no. 1/authority that any materials have been placed before him to substantiate that the writ petitioners had extracted or removed minerals from any mines or quarry without any lawful authority.

14.

Such being the position, this Court considers that the imposition of fine by the respondent no.

1/authority upon the writ petitioners under cover of its order dated 25.03.2025 is absolutely unreasoned and arbitrary in nature and the same is thus set aside.

15.

Before parting with, this Court thinks its pertinent to mention that since sufficient materials have been placed before this Court to substantiate at least prima facie, that the writ petitioners possess sufficient documents to establish valid transshipment of minor minerals from various parts of the country and outside the country to Port Blair and thereafter, again to Car Nicobar Island, this Court while allowing the instant writ petition and while setting aside the order dated 25.03.2025 as passed by the respondent no. 1 directs the writ petitioners to appear before the respondent no. 2/authority positively on or before May 30, 2025 with all relevant documents as have been called for pursuant to the notice dated 20.01.2025 (wrongly typed as 20.01.2024).

16.

Upon such appearance and upon furnishing all the requisite documents, the respondent no. 2/authority shall reopen case bearing R.

C.

No.

ACN/01/2025 and after giving an opportunity of hearing to the authorized representative of the writ petitioner shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners preferably by mail, if the mail details of the writ petitioners are provided to him at the time of hearing.

17.

The entire exercise as indicated in the foregoing paragraphs are to be completed by the respondent no. 2/authority by the June 18, 2025.

18. It is further made clear that till conclusion of the aforementioned case before the respondent no. 2, the writ petitioners would not be permitted to remove the minor minerals as has been seized by A & N Administration.

19.

It is also made clear that since the affidavits have not been called for, the allegations as made out in the writ petition are deemed to have been denied.

20. Liberty is given to the learned advocates on record of the writ petitioners to communicate the server copy of this order to the respondent nos. 1 and 2 forthwith.

21.

The respondent nos. 1 and 2 are directed to act on the server copy of this order.

22. With the aforementioned observations, the instant writ petition is allowed to the extent indicated hereinabove.

23. Accordingly, the instant writ petition is disposed of.

24. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.)