Gujarat HC quashes unreasoned order, cites breach in principle of natural justice

Gujarat High Court has quashed and set aside unreasoned order of the geologist Porbandar imposing a huge penalty of 9.89 crore on petitioner for allegedly illegally mining excess building limestone to the tune of 196366.752 metric tonnes.

A single judge bench of Gujarat High Court observed that, the impugned order is in breach of principles of natural justice. The order is an unreasoned order.  It was imperative on behalf of the geologist Porbandar to take into consideration the written submissions of the petitioner -- Mesurbhaj Makwana and adjudicate the same by reasoned order before inflicting the penalty. The impugned order cannot sustain in law.

The order dated September 19, 2024 is quashed and set aside. The geologist Porbandar is directed directed to rehear and adjudicate the show cause notices dated 04.07.2024 and 09.07.2024 after giving due hearing to the petitioner and thereafter, passing a reasoned order adjudicating all the contentions so raised by the petitioner in accordance with law and on its own merits, the court said. 

The advocate appearing for the petitioner submitted that order dated 19.09.2024 does not take into consideration the contentions raised by the petitioner by way of written submissions. The counsel further submits that no reasons have been given while imposing the huge penalty. He submits that the impugned order is in breach of the principles of natural justice and therefore, the same be quashed and the matter be remanded back for fresh consideration.

The counsel appearing for the geologist Porbandar argued that the petitioner was given ample opportunity of hearing. He submits that after, taking into consideration various documents as enumerated in the impugned order, the penalty, as assessed by the respondents, has been inflicted on the petitioner. He submits that the respondents authorities have also taken into consideration the written submissions filed by the petitioner. He, therefore, submits that the impugned order is a reasoned order and the present petition be dismissed