Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals Gujarat Minor Mineral Rules by inserting r. 44-BB Minor minerals export of ordinary sand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mines & Minerals (regulation and Development) Act, 1957 (67 of 1957) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mines and Minerals:Minor minerals – Resolution by State Government prohibiting export of ordinary sand excavated in the State, to other States and to other countries – Thereafter State in exercise of powers conferred u/s. 15 r/w s.23-C of MMDR Act amended Gujarat Minor Mineral Rules by inserting r. 44-BB and thereby prohibited movement of the sand beyond the State – Writ petition challenging the Resolution as well as insertion of r. 44-BB – High Court allowed the petition – On appeal, held: Section 15(1) does not empower the State Government to make rules for regulating grant of quarry leases, mining leasesor other concessions in respect of minor minerals – No such power flows from even s.23-C to make rule for regulating transportation of the legally excavated minerals – Impugned Rules also violate Part XIII of the Constitution as the effect thereof is to fetter the freedom of trade, commerce and intercourse u/Art. 301 – In view of scheme of Chapter XIII, State Government could not have imposed such prohibition under a statute whose object is to regulate mines and minerals development and not trade and commerce per se –Mines and Minerals (Development and Regulation) Act, 1957 – ss.15 and 23-C – Gujarat Minor Mineral Rules, 1966 – r.44-BB –Constitution of India – Part XIII – Arts. 301, 302 and 303. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2019 INSC 297 |
Petitioner | State Of Gujarat And Others Etc. |
Respondent | Jayeshbhai Kanjibhai Kalathiya Etc. |
SCR | [2019] 4 S.C.R. 96 |
Judgement Date | 2019-03-01 |
Case Number | 10373 |
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