Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Mines and Minerals (Development and Regulation) Act, 1957 - s.9 - Mineral Concession Rules, 1960 - rr. 64A, 648, 64C & 640 - Mining lease for extracting lead and zinc - Recovery of royalty in respect of minerals extracted by the lessee - Methodology for calculation of royalty -Notifications issued by the Central Government from time to time - Notification dated 11th April, 1997 substituted by Notification dated 12th September, 2000 - High Court held that lessee- company was not liable to pay royalty on the tailings as they had not been taken out of the leased area and that as per r. 64C, unless dumped tailings or rejects are consumed by the lessee, no royalty can be collected on such tailings or rejects - Held: Conclusion arrived at by the High Court is correct - Negligible contents of metal remaining in the mining area by way of tailings, slimes or rejects, which are returned to the mother earth cannot be said to be the part of metal content in the ore produced - By virtue of Notification dated 12th September, 2000 read with the relevant Rules, lessee- company supposed to pay royalty only on the contents of metal in the ore produced and not on the metal contained in the tailings, rejects or slimes which had not been taken out of the leased area and which had been dumped into dumping ground of the leased area. Mines and Minerals (Development and Regulation) Act, 1957 - s.9 - Mineral Concession Rules, 1960 - rr. 64A, 64B, 64C & 64D - Mining lease for extracting lead and zinc - Recovery of royalty in respect of the minerals extracted by the lessee - Dispute over methodology for calculation of royalty - Direction issued by High Court remitting the matter to the mining engineer for re-computing the royalty payable on lead and zinc contained in the ore produced - Held: As the metal concentrate taken out from the leased area was known to the parties, it was not necessary to have any further details regarding the ore produced by the lessee-company - Direction accordingly quashed. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2013 INSC 149 |
Petitioner | State Of Rajasthan & Ors. |
Respondent | Hindustan Zinc Ltd. & Anr. |
SCR | [2013] 4 S.C.R. 704 |
Judgement Date | 2013-03-11 |
Case Number | 1494 |
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