Case: M/s Haryana Mining Company Vs. State of Haryana &amp; Ors

Counsel submitted that the High Court committed a serious error in not allowing the writ petition, in spite of absence of any evidence of illegal mining on the part of the Appellant. 8. Ms. Noopur Singhal, learned counsel appearing for the Respondent, supported the findings recorded by the High Court in the impugned judgment by arguing that there were several complaints preferred by villagers pertaining to illegal mining by the Appellant outside the leased area. The report dated 04.02.2019 of the Mining Officer, Narnaul would show that the Appellant is guilty of illegal mining. She further argued that the Appellant cannot shift his liability to M/s Hari Har Mining Company, who had completely stopped mining operations in that period. As the Termination Order was passed after giving sufficient opportunity to the Appellant and also after taking into account the material on record, the High Court was justified in not interfering with the said orders. 9. We note that the Termination Order refers to a demarcation report of 17.12.2018 for the purpose of reaching the conclusion that the Appellant was indulging in illegal mining. A perusal of the said demarcation report would show that there was nothing mentioned therein about illegal mining carried out by the Appellant. According to the said report dated 17.12.2018, the Field Kanungo conducted the demarcation proceedings in the presence of the members of the Gram Panchayat and after perusing the revenue records. The Surveyor, with the help of the Differential Global Positioning System machine, verified the marking stones and flags at each corner and side and found them to be correct. The ADC Report, referred to in the Termination Order, concludes that it could not ascertain as to who was involved in the illegal mining in Khasra Nos. 366 and 367. There is also a reference in the Termination Order to a memo dated 20.11.2019 of the Mining Officer, Narnaul, by which a fresh demarcation report dated 15.11.2019 was sent. In the said demarcation report, it has been categorically stated that no fresh mining was found beyond the pillar. This has also been recorded in the Termination Order. There is no other reference to either a demarcation report or any other enquiry report of any officer from the Department of Mines and Geology or the Department of Forest, that would indicate any illegal mining conducted by the Appellant beyond the leased area. 10. It is relevant to refer to a report submitted by the Divisional Forest Officer (DFO), Regional Division, Forest Complex, Mahendargarh on 15.10.2019 to the Forest Conservator, Gurugram. An enquiry was conducted by the DFO pursuant to a complaint made against the Appellant to the National Green Tribunal, which directed the Principal Chief Conservator of Forest of Haryana to look into the matter and take appropriate action, by an order dated 16.04.2019. In the said report, the DFO held that the alleged mining was not proved. After referring to the ADC Report, a letter sent by the Sarpanch, Gram Panchayat, Village Garhi to the Deputy Commissioner, Narnaul to the effect that the Appellant was never involved in illegal mining and the written statement of the Sarpanch, Gram Panchayat, Village Khudana to the effect that he had no sound proof with respect to his complaint against the Appellant, the DFO concluded that the allegation of illegal mining against the Appellant is not proved. Curiously, we find that there is no reference to this report submitted by the DFO dated 15.10.2019 in the Termination Order. 11. As stated above, the High Court set aside the order passed by the Appellate Authority dated 26.04.2021 and remanded the matter back for fresh consideration. In the order dated 11.08.2021, the Appellate Authority referred to the report from the Mining Officer dated 04.02.2019 to conclude that there were clear signs of fresh mining from the photographs sent along with the report. According to the Appellate Authority, illegal mining by the Appellant was established from the demarcation report dated 17.12.2018 and was evidenced even after the ADC Report. The Appellate Authority dismissed the Appeal on the ground that the alleged illegal mining was carried out in an area adjacent to the leased area of the Appellant and in a period where mining by M/s Hari Har Mining Company was shut. The statement made on behalf of the Appellant that M/s Hari Har Mining Company was carrying out illegal mining operations was considered by the Appellate Authority as an attempt to create confusion. 12. We have already referred to the demarcation report dated 17.12.2018 and the report of the Mining Officer dated 04.02.2019, on the basis of which no conclusion can be reached about the Appellant indulging in any illegal mining operations. The Termination Order and the Appellate Order are arbitrary and suffer from the vice of unreasonableness. Relevant material has not been taken into consideration before the Termination Order was passed. There is no mention of the DFOs report dated 15.10.2019, which considered the reports relied on by the Director General, Mines and Geology and absolved the Appellant of indulging in any illegal mining activity on the ground that no evidence was found against the Appellant. There is no other material against the Appellant in support of the allegation that the Appellant was engaged in illegal mining in the area adjacent to the leased site. In our view, the High Court committee an error in dismissing the writ petition without examining as to whether there was an iota of evidence to justify the Termination Order. We are aware that constitutional courts, in exercise of their power of judicial review, would not examine sufficiency of evidence. At the same time, it is well-settled that interference is warranted if it is found that the weight of the evidence was opposed to the conclusion recorded or there was no evidence at all, rendering the conclusion ex-facie erroneous or perverse (Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759 ; High Court of A.P. v. Nirmala K.R. Dayavathi (2015) 15 SCC 681) .

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]9. We note that the Termination Order refers to a demarcation report of 17.12.2018 for the purpose of reaching the conclusion that the Appellant was indulging in illegal mining. A perusal of the said demarcation report would show that there was nothing mentioned therein about illegal mining carried out by the Appellant. According to the said report dated 17.12.2018, the Field Kanungo conducted the demarcation proceedings in the presence of the members of the Gram Panchayat and after perusing the revenue records. The Surveyor, with the help of the Differential Global Positioning System machine, verified the marking stones and flags at each corner and side and found them to be correct. The ADC Report, referred to in the Termination Order, concludes that it could not ascertain as to who was involved in the illegal mining in Khasra Nos. 366 and 367. There is also a reference in the Termination Order to a memo dated 20.11.2019 of the Mining Officer, Narnaul, by which a fresh demarcation report dated 15.11.2019 was sent. In the said demarcation report, it has been categorically stated that no fresh mining was found beyond the pillar. This has also been recorded in the Termination Order. There is no other reference to either a demarcation report or any other enquiry report of any officer from the Department of Mines and Geology or the Department of Forest, that would indicate any illegal mining conducted by the Appellant beyond the leased area.10. It is relevant to refer to a report submitted by the Divisional Forest Officer (DFO), Regional Division, Forest Complex, Mahendargarh on 15.10.2019 to the Forest Conservator, Gurugram. An enquiry was conducted by the DFO pursuant to a complaint made against the Appellant to the National Green Tribunal, which directed the Principal Chief Conservator of Forest of Haryana to look into the matter and take appropriate action, by an order dated 16.04.2019. In the said report, the DFO held that the alleged mining was not proved. After referring to the ADC Report, a letter sent by the Sarpanch, Gram Panchayat, Village Garhi to the Deputy Commissioner, Narnaul to the effect that the Appellant was never involved in illegal mining and the written statement of the Sarpanch, Gram Panchayat, Village Khudana to the effect that he had no sound proof with respect to his complaint against the Appellant, the DFO concluded that the allegation of illegal mining against the Appellant is not proved. Curiously, we find that there is no reference to this report submitted by the DFO dated 15.10.2019 in the Termination Order.11. As stated above, the High Court set aside the order passed by the Appellate Authority dated 26.04.2021 and remanded the matter back for fresh consideration. In the order dated 11.08.2021, the Appellate Authority referred to the report from the Mining Officer dated 04.02.2019 to conclude that there were clear signs of fresh mining from the photographs sent along with the report. According to the Appellate Authority, illegal mining by the Appellant was established from the demarcation report dated 17.12.2018 and was evidenced even after the ADC Report. The Appellate Authority dismissed the Appeal on the ground that the alleged illegal mining was carried out in an area adjacent to the leased area of the Appellant and in a period where mining by M/s Hari Har Mining Company was shut. The statement made on behalf of the Appellant that M/s Hari Har Mining Company was carrying out illegal mining operations was considered by the Appellate Authority as an attempt to create confusion.12. We have already referred to the demarcation report dated 17.12.2018 and the report of the Mining Officer dated 04.02.2019, on the basis of which no conclusion can be reached about the Appellant indulging in any illegal mining operations. The Termination Order and the Appellate Order are arbitrary and suffer from the vice of unreasonableness. Relevant material has not been taken into consideration before the Termination Order was passed. There is no mention of the DFOs report dated 15.10.2019, which considered the reports relied on by the Director General, Mines and Geology and absolved the Appellant of indulging in any illegal mining activity on the ground that no evidence was found against the Appellant. There is no other material against the Appellant in support of the allegation that the Appellant was engaged in illegal mining in the area adjacent to the leased site. In our view, the High Court committee an error in dismissing the writ petition without examining as to whether there was an iota of evidence to justify the Termination Order. We are aware that constitutional courts, in exercise of their power of judicial review, would not examine sufficiency of evidence. At the same time, it is well-settled that interference is warranted if it is found that the weight of the evidence was opposed to the conclusion recorded or there was no evidence at all, rendering the conclusion ex-facie erroneous or perverse (Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759 ; High Court of A.P. v. Nirmala K.R. Dayavathi (2015) 15 SCC 681) .