The District Collector issued Ext.P1 NOC. Thereafter petitioner obtained permit issued by the Geologist. Petitioner was found extracting mineral other than from the permitted area in NOC. The Tahsildar issued Ext.P4 order prohibiting mining activity. This Court held that in W.P(C).No.22901 of 2014 challenging order of the Tahsildar, Tahsildar has no power to interfere with mining activity. Thereafter the order of Tahsildar was quashed. Thereafter District Collector by Ext.P7 proceedings cancelled the NOC finding that the petitioner has violated the conditions of NOC. Petitioner submits that this Court had already interfered with the order of Tahsildar and District Collector has no authority to interfere with the decision of this Court.
2. I am not able to agree with the contentions raised by the petitioner. The District Collector is competent to take a decision in the matter when there is violation of NOC conditions. Therefore, there is nothing wrong in the decision of the District W.P(C).No.30810 of 2014A 2 Collector by cancelling the NOC. Therefore challenge with respect to the authority of the District Collector is unsustainable. This Court only interdicted with the power of the Tahsildar in exercising jurisdiction of the District Collector by prohibiting the mining activity. When a power is vested for certain purposes, same authority has power to interfere with the matter when there is violation of the decision arrived by exercise of power. Therefore there is nothing wrong with Ext.P7 order. Petitioner submits that his permit is due to expire on 24.11.2014. Petitioner also has compounded the offence and paid the additional royalty. Though District Collector has cancelled the NOC, in view of the fact that petitioner has compounded the offence, Ext.P7 is set aside to the extent cancelling the NOC.
3. In view of the facts as above, based on NOC already issued to the petitioner, Geologist shall renew the permit without directing the petitioner to produce fresh NOC for the remaining area mentioned in Ext.P1 NOC. The Geologist before issuing permit shall ascertain the remaining area available in Ext.P1 for the purpose of issuing permit. In view of the above, consequential order passed by the Geologist suspending the W.P(C).No.30810 of 2014A 3 permit is set aside. However, it is open to the Geologist to see that petitioner has complied with all other conditions in the earlier permit including filling up any area. Needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/22/11/14