VIREN BUILDCON LLP THROUGH PARTNER SAURABH SURANAversusTHE STATE OF MAHARASHTRA THR THE SEC REVENUE AND FOREST DEPT. AND ANR

Gitalaxmi                                         44-WP-3022-2026-J.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION


                  WRIT PETITION NO. 3022 OF 2026

VIREN BUILDCON LLP
A Partnership Firm registered under the
provisions of Indian Partnership Act, 1932
having it’s office at Plot No. 28,
Opposite to Gate No. 10, Near Union Bank,
Marketyard, Pune-411 037.
THROUGH PARTNER MR. SAURABH SURANA,
Age 38 years, Occ.:Business.               ...PETITIONER

                      Versus

1. THE STATE OF MAHARASHTRA
   Through the Secretary,
   Revenue and Forest Department, Mantralaya,
   Mumbai-400 032.

2. THE TEHSILDAR, HAVELI
   Tehsil Haveli, District-Pune.                  ...RESPONDENTS

   Mr. S. S. Patwardhan i/b Mr. Harshad Sathe a/w Ms. Harshada
   Shrikhande, learned counsel for the Petitioner.

   Ms. Savina R. Crasto, learned AGP for the State-Respondent.

                               CORAM    : ARUN R. PEDNEKER, J.

                               DATE     : 28th SEPTEMBER, 2026.



                                 Page 1 of 5
                           28th SEPTEMBER, 2026
Gitalaxmi                                            44-WP-3022-2026-J.docx



ORAL JUDGMENT :

1.          Rule made returnable forthwith and by consent of learned
counsel appearing for the parties heard finally.

2.          Learned counsel for the Petitioner submits that they have
permission to construct on Survey Nos. 44/1/2 and 44/1/3, Plot No.
28 and that they had paid royalty for excavation of earth of 897 brass
and paid royalty on the same. The Revenue Authorities have found
that there was excavation in addition of 3216.4 brass of
soil/earth/murum from the construction site and accordingly, have
imposed the penalty of Rs. 1,21,05,180/- for the excavated material.

3.          Learned counsel for the Petitioner submits that the
excavation while construction is a natural part of construction
activity and that the excavated mineral has to be refilled in the same
site, except certain portion in which the RCC component is filled in.
Learned counsel submits that the royalty was paid on 897 brass of
murum.

4.          Learned counsel for the Petitioner also submits that in view
of the judgment of Hon’ble Supreme Court in the case of Promoters
and Builders Association of Pune v/s. State of Maharashtra and
Others1, the loose soil/excavated earth does not become a minor
mineral unless it is removed and utilized for the purposes mentioned
in the notification issued under Section 3(e) of the Mines and
1
    2015(1) Bom.C.R. 26.
                                   Page 2 of 5
                             28th SEPTEMBER, 2026
Gitalaxmi                                                  44-WP-3022-2026-J.docx



Minerals (Development and Regulation) Act, 1957, i.e. for the
purpose of route laying, roads, embankments, railways, buildings to
be a minor minerals in addition to the minerals already declared as
minor minerals. The excavated earth becomes a minor mineral only
when it is used for the purposes mentioned in the said notification.
The Hon’ble Supreme Court in paragraph 11 of the said judgment
has held that,

        “11. What is a mineral is not defined either under the MRTP Act
        or the Code. The said expression is however defined by section
        2(j) of the Mines Act, 1952 and section 3(a) read with section
        3(e) of the Act of 1957. As mining activities and operations are
        regulated by the provisions of the Act of 1957, it is the
        definition contained in the said Act, which will be more relevant
        for the present. Section 3(a) and Section 3(e) is in the
        following terms :

        “Section 3.-In this Act, unless the context otherwise requires,-

        (a) “minerals” includes all minerals except mineral oils:

        (b) xxxxx xxxx xxxxx

        (c) xxxxx xxxx xxxxx

        (e) “minor minerals” means building stones, gravel, ordinary
        clay, ordinary sand other than sand used for prescribed
        purposes, and any other mineral which the Central Government
        may, by notification in the Official Gazette, declare to be a
        minor mineral.

        [(ea) “notified minerals” means any mineral specified in the
        Fourth Schedule;]”
                                      Page 3 of 5
                                28th SEPTEMBER, 2026
Gitalaxmi                                            44-WP-3022-2026-J.docx



5.          In the instant case, the end user is not established. Learned
counsel also submits that the panchanama reflects that the murum
was on the site and in any event, the same has to be refilled into the
soil.

6.          Learned AGP opposes the submissions of learned counsel
for the Petitioner.      Learned AGP submits that there is excess
excavation of mines and minerals and the Petitioner is liable to make
payment of the royalty. Learned AGP submits that the order passed
under Section 48(7) of the Maharashtra Land Revenue Code, 1966
can be challenged before the appropriate Appellate Authority and
that this Court’s jurisdiction may not be exercised. Learned AGP also
submits that sufficient opportunity of hearing was given to the
Petitioner and that thereafter the order of paying royalty is passed.
Learned AGP also submits that the issue is not covered under the
judgment in the case of Promoters and Builders Association of Pune
(supra).     The Petitioner has excavated the excess material.        It is
submitted that the excavated material is not found nearby the site
and hence, it has become clear that the same has been transported by
the Petitioner and used as minor mineral.

7.          In the judgment of the Hon’ble Supreme Court in the case
of Promoters and Builders Association of Pune (supra), the earth
excavated is a minor mineral only when it is used for the end
products, as mentioned in the said notification. In any construction
activity, an excavation is a natural part of construction activity.
                                   Page 4 of 5
                             28th SEPTEMBER, 2026
Gitalaxmi                                                      44-WP-3022-2026-J.docx



Certain extent of the excavated material is also required to be
refilled.    However, unless it is positively demonstrated or clear
inferences are drawn that the material is used for the purposes as
mentioned in the notification, royalty cannot be imposed on the
excavated soil/earth, as the same cannot be quantified as minor
mineral. Extra excavation alone is not sufficient to hold that the
extra excavated material is a minor mineral as the excavation being a
natural part of the construction activity.

8.          In view of the same, impugned order passed by the
concerned authority is quashed and set aside.

9.          Writ Petition stands allowed and disposed of accordingly.

10.         Rule made absolute in the above terms.




                                                      [ ARUN R. PEDNEKER, J. ]

                         Digitally signed
                         by GITALAXMI
             GITALAXMI   KRISHNA
             KRISHNA     KOTAWADEKAR
             KOTAWADEKAR Date:
                         2026.10.03
                         11:04:49 +0530




                                              Page 5 of 5
                                        28th SEPTEMBER, 2026