Justice Anil Kilor at the High Court here stayed order of Seloo Tahsildar directing the company to pay fine of Rs. 244 crore towards royalty and fine for illegal excavation of Murrum used for Nagpur-Mumbai Samruddhi Mahamarg a stretch of 59 km of ambitious construction of road project.
The petitioner Afcons while challenging the order of Tahsildar dated 20th February questioned the legality and propriety of the proceedings initiated at the behest of M/s Cozy Properties.
The petitioners Counsel Subodh Dharmadhikari questioned the powers of Tahsildar to pass the order U/S 48 (7) read with section 330A of Maharashtra Land Revenue court. The learned Senior Counsel submitted that the entire Murrum has been used for a project of public importance and the royalty has already been paid to the government. Then entire process to fix liability was carried out in the absence of the petitioners company.
The respondent’s authority opposed the grant of interim relief and insisted for deposit of 50% of fine amount. However, the High Court has rejected the contention of the respondents by citing lack of powers of Tahsildar and breach of statutory process by the authorities by passing the impugn order.
Learned Senior Counsel Subodh Dharmadhikari, Adv. Deven Chauhan and Adv. Ritesh Dawda appeared for the petitioner. Additional GP Ketaki Joshi represented the State.