Violators Cannot Be Permitted To Go Scot Free On Payment Of Penalty Only: Supreme Court On Compounding Of Offences U/s 23A Mines & Minerals Act
Live LawThere must be some stringent provisions which may have deterrent effect so that the violators may think twice before committing such offences and before causing damage to the earth and the nature, remarked the Supreme Court while dealing with a case under Mines & Minerals Act.In this case, the Magistrate ordered registration of FIR. There must be some stringent provisions which may have deterrent effect so that the violators may think twice before committing such offences and before causing damage to the earth and the nature, remarked the Supreme Court while dealing with a case under Mines & Minerals Act. In the present case, the offences under the MMDR Act as against the accused were permitted to be compounded by the competent authority Partly allowing the appeal, the Supreme Court held that in a case where the violator is permitted to compound the offences on payment of penalty as per subsection1 of Section 23A, considering subsection 2 of Section 23A of the MMDR Act, there shall not be any proceedings or further proceedings against the offender in respect of the offences punishable under the MMDR Act or any rule made thereunder so compounded. However, in view of the large scale damages being caused to the nature and as observed and held by this Court in the case of Sanjay, the policy and object of MMDR Act and Rules are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop the damages being 37 caused to the nature and considering the observations made by this Court in the aforesaid decision, reproduced hereinabove, and when the violations like this are increasing and the serious damage is caused to the nature and the earth and it also affects the ground water levels etc.
History of this topic
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