CUTTACK: The Orissa High Court has allowed transportation and sale of sand outside the state.
Acting on a petition alleging stopping transportation of sand to outside the State by the revenue administration in Cuttack, the Court has issued notice to the State Government seeking response by August 17, the date fixed for hearing on the matter.
“As an interim measure, it is directed the petitioner shall be permitted to transport and sell sand outside the State of Odisha subject to fulfilling the conditions of the circular issued on December 21, 2019 by the Government in view of the judgment of the Supreme Court referred to above,” the bench of Chief Justice Mohammad Rafiq and Justice Savitri Ratho said in its July 2 order.
AB Logistics had filed the petition alleging that the revenue officials in Cuttack were not allowing it to transport and sell sand outside Odisha despite a Supreme Court order in the case of Gujarat and others vs Jayeshbhai Kanjibhai Kalathiya on March 1, 2019.
In the case, the Apex Court had specified that there is no power conferred upon the Government to exercise control over minor minerals after they have been excavated.
The State Government’s power is restricted only to the regulation of the grant of quarry and mining leases and other mineral concessions and it does not confer the power to regulate the sale of already mined minerals.
The petitioner claimed that the sand it wanted to transport and sell outside the State is lawfully extracted from the quarry duly licenced by the Government on payment of royalty.
According to the Supreme Court order, nothing prevents a State from restricting the quantum of sand being excavated.
However, once a State permits sand to be excavated, neither can it legally restrict its movement within the territory of India nor is the same constitutionally permissible.