Supreme Court rules that payment of penalty for compounding does not place any bar for initiating proceedings under other laws including for environmental damage against the violators
Jayant Etc. v. State of Madhya Pradesh; Judgement dated 3 December 20201 The Hon’ble Supreme Court of India (“Supreme Court”) has held that the power to have a criminal case registered exists with the District Magistrate for offences under the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”). The Supreme Court held that sand/ mines were property of the State and it is the duty of the State to protect the public property and the environment. It was noted that the State should be inclined towards taking strict action against environmental violators whose activities were leading to ecological imbalance. The Supreme Court also held that while the violator was permitted to compound
the offences on payment of penalty, this does not bar the State from initiating proceedings for theft and concealment of property against such violators, apart from action for damage caused to the environment.
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