Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Mines and Minerals Concession Rules 48 - Government circulars providing for payment of 'royalty' on minerals used by contractors in construction work - Appellant a contractor carried out construction work using minerals purchased from open market - Royalty deducted from appellants bills 1986: rr. 3(2)(xx) 18 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Rajasthan Mines and Minerals Concession Rules, 1986: rr. 3(2)(xx),18,48 - Government circulars providing for payment of 'royalty' on minerals used by contractors in construction work - Appellant, a contractor carried out construction work using minerals purchased from open market - Royalty deducted from appellants bills - Plea of appellant that payment of royalty is to be made by lessee or licensee granted right of excavation of minerals, appellant being a contractor, not carrying out any mining operation cannot be saddled with payment of royalty- Respondent contended that though royalty is to be paid by lessee/licensee to whom mining lease is granted however, in order to stop use of illegally mined minerals in construction works, contractors only need to show that minerals procured by themfrom open market is legally mined mineral on which royalty has been paid and on such proof thereto, no royalty would be payable subsequently by the contractor - High Court, relying on its decision in R.S Shekhawat's case, directed appellant to approach mining department for.~~fund of the amount deducted from appellants bill on successfully proving that minerals used were legally mined on which royalty was already paid - On appeal, held: Circulars issued by government required payment of royalty with regard to only those minerals used by contractors for which no royalty was paid - They did not require payment of royalty for minerals used on which royalty was already paid once - Object of these circulars was to ensure that contractors do not use minerals which are not royalty paid - High Courts direction to appellant, relying on R.S Shekhawat's case, to approach the mining department amply protects its interest- However, appellant also given liberty to approach respondent no.2-Mining Engineer showing proof toestablish that on minerals used by it royalty was paid as per rules - Mines and Minerals (Development and Regulation) Act, 1957 -ss.2, 3(e), 9(2), 15, 23C - Mines and Minerals. Government circulars providing for payment of royalty on minerals used by contractors in construction work - Letter issued by Government requesting City Municipal Corporation to ensure compliance of said circulars - Writ petition by appellant seeking quashing of this letter, without challenging the said circulars - High Court decided the writ petition - Propriety of - Held: High Court ought to have decided the writ petition only after deciding upon the said letter - However, this letter only sought compliance of government circulars imposing royalty and since these circulars were not challenged by appellant, no fault can be found with the s_aid letter only seeking compliance of circulars - There being no challenge to the circulars, the State had no opportunity to defend its policy - Not appropriate for Supreme Court to embark upon the adjudication of the Government Scheme. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 1063 |
Petitioner | Manbhar Devi Agarwal |
Respondent | The State Of Rajasthan & Ors. |
SCR | [2016] 11 S.C.R. 739 |
Judgement Date | 2016-11-25 |
Case Number | 11259 |
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