'Clay Residue Not Sufficient To Conclude JCB Was Used For Illegal Sand Excavation': Bombay High Court Quashes ₹7.5 Lakh Penalty On Farmer

The Bombay High Court has held that the mere presence of a JCB in a farmer's field and residue of clay in its bucket is not sufficient to conclude that it was being used for illegal sand excavation. The Court observed that such assumptions by revenue authorities, without proper inquiry or evidence, reflect a casual and arbitrary exercise of power, causing undue hardship to farmers.

Justice Ajit B. Kadethankar was hearing a writ petition filed by a farmer challenging multiple orders of revenue authorities imposing a penalty for alleged illegal sand excavation. The case arose from a communication by the Talathi reporting that a JCB machine was found stationed in the petitioner's agricultural land, allegedly for illegal excavation of sand from a nearby riverbed. Based on this, the Tahsildar issued a show-cause notice and imposed a penalty of ₹7.5 lakh despite the petitioner denying ownership of the JCB and any involvement in illegal activity; subsequent appeals before the Sub-Divisional Officer, Collector, and Additional Commissioner were dismissed.

The Court observed that the entire action was based on a panchanama alleging illegal sand excavation, which was fundamentally flawed as it lacked a preparation date, provided only conclusory statements without evidentiary support, and was conducted in the petitioner's field without prior notice. Additionally, the Court noted significant inconsistencies in the record. The Talathi's report cited the incident as occurring on 04.02.2022, while the show cause notice and penalty order mentioned 08.02.2022, and the supporting photographs were geo-tagged to 03.02.2022.

The Court rejected the explanations offered by the State, including the contention that the small size of the petitioner's land indicated that the JCB could only have been used for illegal sand excavation. It was observed that a JCB can be used for various agricultural purposes irrespective of the size of landholding, and such reasoning was wholly untenable. Similarly, the presence of clay residue in the JCB bucket was held to be a meaningless factor, as it is inherent to the nature of such machinery.

“… a farmer may require JCB for a number of purposes in his field irrespective of area of the land holding. Besides, the JCB is an earth mover, not a costly lavish luxury car. Its obvious that always there would find some residues of clay, sand, earth etc. in its bucket,” the Court observed,

The Court also noted that no opportunity of hearing was granted to the petitioner, thereby resulting in a clear violation of the principles of natural justice. Emphasising the duty of administrative authorities to act fairly and in accordance with law, the Court held that the impugned actions amounted to harassment of a farmer and a misuse of statutory powers.

Accordingly, the High Court allowed the writ petition and quashed the penalty order dated 03.03.2022 passed by the Tahsildar, along with the subsequent orders of the Sub-Divisional Officer, Collector, and Additional Commissioner. The Court also instructed the higher authorities to examine the conduct of the concerned officials and take appropriate action.

Case Title: Gunaji Ramji Surnar v. State of Maharashtra & Ors. [WRIT PETITION NO. 9022 OF 2024]

Citation: 2026 LiveLaw (Bom) 159

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