Rajendra Singh Vs. State of M.P. & Ors

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 8613 of 2020, Judgment Date: Aug 03, 2021

Law laid down:-

1. The power of confiscation is not available to be exercised by the Collector in cases of illegal transportation of sand registered under the 2019 Sand Rules.

2. The power of confiscation in cases of illegal transportation of sand registered under 2019 Sand Rules, cannot be borrowed from the repealed 1996 Rules, 2006 Rules or 2018 Sand Rules.

3. The expression “Transgress” found in repealing Clause in Rule 27 of 2019 Sand Rules, defined and interpreted to mean that to exercise a power not available in 2019 Sand Rules amounts to transgressing the limit of the sweep of 2019 Sand Rules which is impermissible.

Rajendra Singh Vs. State of M.P. & Ors