Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957-Tamil Nadu Minor Mineral Concession Rules 195<>-Rule 19A Mines and Minerals (Regulation and DevelOpment) Act |
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 (Regulation and Development) Act, 1957-Tamil Nadu Minor Mineral Concession Rules, 1959-Rule 19A, amended by Government Order No. 214 dated 10th June, 1992, First proviso- Granite quarrying lease- Giving preference to State Government companies or corporation-Whether arbitrary-Held, No-Valid differentia exists between State Government companies and corporations and private miners-First proviso to Rule 19A cannot be said to circumvent provisions of Sec. 17A(2).Rules 8D and 19B-Constitutional validity-Rules quashed as being beyond the purview of rule making power of State Government. Rules 8D and 19B and first proviso of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959 made under the provisions of the Mines and Minerals (Regulation and Development) Act, 1957, were challenged. They were struck down by the High· Court as unconstitutional. The Government Orders by which these provisions were introduced into the said Rules were also quashed in part. The High Court found that the first proviso in Rule 19A did not contain any guideline in the matter of giving preference to a State Government company or corporation. The grant of preference was left to the unfettered discretion of the State Government. It was, therefore, held ultra vires the constitution. The High Court quashed Rules 8D and 19B principally on the ground that Section 15 of the said Act gave no power to the State Government to frame rules to regulate internal or foreign trade in granite after it had been quarried. Section 15 also did not empower the State Government to frame rules to enable a State Government company or corporation to fix a minimum price for granite. These appeals had been filed by the State of Tamil Nadu challenging the judgment and order of the High Court.The appellants submitted that valid differentia existed between State Government companies and corporations on the one hand and private miners on the other and it bore close nexus to the object of the said Act. The State contended that Rules 8D and 19B were valid having regard to the Preamble of the said Act and Section 18 thereof. It was submitted that the rule making power of the State u/s 15(o) was wide enough to encompass Rules 8D and 19B.The respondents submitted that the Rules should have provided guidelines for the State Government company or corporation. It was submitted that Rule 19A as amended had no nexus to the objects stated in G.O. No. 214. It was detrimental to persons who had set up polishing units on the basis of the policy declared under Rule 19-A as it stood before 10th June, 1992. The amendment of Rule 19-A was challenged as arbitrary and, applying also the principle of promissory estoppel, ought to be struck down. The respondents submitted that under the first proviso of Rule 19A the consent of the owner of the land was not made a condition and it was bad on that account. The provisions of section 17A(2) of the Act were adverted to and it was submitted that they were being circumvented by the first proviso of Rule 19A. |
Judge | Honble Mr. Justice S.P. Bharucha |
Neutral Citation | 1995 INSC 60 |
Petitioner | State Of Tamil Nadu |
Respondent | M.p.p. Kavery Chetty |
SCR | [1995] 1 S.C.R. 441 |
Judgement Date | 1995-01-19 |
Case Number | 1655 |
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