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‘Give hearing before raising dues’: Punjab and Haryana HC quashes demand notices on Punjab stone crushers

Punjab and Haryana HC gives the state government freedom to start fresh action if it follows due process.

3 min readDec 26, 2025 03:04 PM IST

A division bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor agreed.

In a win for dozens of stone crusher units in Punjab, the Punjab and Haryana High Court has set aside demand notices issued by the state, ruling that authorities skipped mandatory steps of proper assessment.

Several crusher owners had challenged the notices from district mining officers, which accused them of processing minerals without permission in 2024 and demanded large payments under the 2013 minor minerals rules and the 2023 crusher policy. Their appeals to the Superintending Engineer in Ropar were also turned down.

The owners told the court they had received no clear details of the alleged violations and no opportunity to explain. They argued that “neither they have been made aware of the exact violations attributed to them nor they are given opportunity to explain their stand and the competent authority has otherwise not determined their liability in accordance with law.”

A division bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor agreed. Examining Rule 85 of the 2013 rules, the judges said the law clearly requires authorities to serve a notice, then “after giving such person a reasonable opportunity of being heard, proceed to assess to the best of his judgment the amount of royalty due from him.” Only after a proper assessment order can a formal demand be issued, with at least 30 days to pay.

The court also pointed out that the 2023 crusher policy requires monthly returns to be checked and assessed for any deviations. Yet, the bench noted, “in none of the cases where demand is raised for violation of the provisions of the Crusher Policy, 2023, any order of assessment is passed, either.”

In these cases, no assessment orders were passed under either the rules or the policy. The demand notices simply stated the amount due without any reasoned determination of liability.

The judges held firmly that “the determination of liability of the petitioner(s) under the impugned demand notices are, therefore, not found to be consistent with the requirement of law.” They added that owners had not been told “the nature of demand raised against them in accordance with the applicable procedure nor any opportunity of contest has been given to them.”

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Some appeal orders were also deemed flawed because they were passed by an officer who lacked authority at the time.

Drawing on a 2020 ruling in a similar matter, the court reiterated that a proper assessment order is essential before any royalty demand can be raised.

The bench quashed all the demand notices and appeal orders, but gave the state freedom to start fresh action if it follows due process. It said the government may issue new notices “specifying the nature of violation attributed to each of the petitioners… giving the petitioners a reasonable opportunity of hearing.”

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More