Bombay High Court Quashes ₹7.5 Lakh Penalty on Farmer Over Alleged Illegal Sand Excavation

Bombay High Court Quashes ₹7.5 Lakh Penalty on Farmer Over Alleged Illegal Sand Excavation

The Bombay High Court quashed a ₹7.5 lakh penalty imposed on a farmer for alleged illegal sand excavation, holding that mere presence of a JCB in his field and clay residue in its bucket is insufficient evidence.

The Court found that revenue authorities acted on assumptions without proper inquiry or proof.

It noted inconsistencies in official records and defects in the panchanama, including absence of date and lack of supporting material.

Emphasising principles of natural justice, the Court also observed that the farmer was not given a fair hearing. Calling the action arbitrary and harassing, the Court set aside all penalty orders.

[Gunaji Ramji Surnar v. State of Maharashtra & Ors.]

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