AMIT MAHESHWAR DHARKASversusTHE STATE OF MAHARASHTRA THROUGH REVENUE AND FOREST DEPT. AND ORS

                                                 48-WP-10941-2025.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO.10941 OF 2025


Amit Maheshwar Dharkas                              …Petitioner
 Versus
The State of Maharashtra And Ors.                   …Respondents


Adv. Sumedh S. Modak a/w R. M. Gogte, for the Petitioner.
Adv. Ketan V. Joshi B’PNL a/w Mamta S. Srivastava, AGP, for the
Respondent-State Nos.1. to 3.



                      CORAM:       ARUN R. PEDNEKER, J.
                      DATED :      28th August 2026
PC:-


1.      Heard learned Counsel appearing for the Petitioner.


2.      Learned Counsel for the Petitioner submits that an Order

under Section 48 (7) under the Maharashtra Land Revenue Code,

1996 is passed against the Petitioner for excavation of the earth of

1003 brass and accordingly penalty is imposed by the impugned

order. He points out the Panchanama on the basis of which the

impugned order is passed, that Panchanama indicates that there

was excavation of 1003 brass of earth and the same was utilized

on the same place for levelling purposes. The Panchanama itself




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indicates the entire 1003 brass earth is used on the same plot of

land for levelling purposes.


3.      Considering the judgment of the Supreme Court in the case

of Promoters & Builders Associates v/s. State of Maharashtra &

Ors1. particulary the observations made in Para 11 thereof, no

penalty can be imposed if the excavated soil is used on the same

plot, as it does not constitute “minor minerals”. The para 11 of the

said judgement, reads as under :


           “11. Ordinary earth has been brought within the fold of
           a minor mineral by Notification of 3-2-2000 issued
           under Section 3(e) of the 1957 Act. The said
           notification is in the following terms :

                                “Notification
              GSR 95 (E).- In exercise of the powers conferred by
           clause (e) of Section 3 of the Mines and Minerals
           (Development and Regulation) Act, 1957 (67 of 1957),
           the Central Government hereby declares the ‘ordinary
           earth’ used for filing or levelling purposes in
           construction of embankments, roads, railways,
           buildings to be a minor mineral in addition to the
           minerals already declared as minor minerals
           hereinbefore under the said clause.
                                              (F. No. 7/5/99-M. VI)
                                                                Sd/-
                                                        (S.P. Gupta)
                       Joint Secretary to the Government of India”
                                               (emphasis supplied)


1       (2015) 12 SCC 736




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          It is, therefore, clear that “ordinary earthy” used for
          filling or levelling purposes in construction of
          embankments, roads, buildings is deemed to be a
          minor mineral.”

4.      Considering the same, the impugned order is quashed and

set aside. The Writ Petition is disposed of accordingly.




                                           [ARUN R. PEDNEKER, J. ]




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