Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines & Minerals (Regulation & Development) Act 1959-Rule 8-C 1957-Section 17A(2)-Tamil Nadu Minor Mineral Concession Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Mines & Minerals (Regulation & Development) Act, 1957-Section 17A(2)-Tamil Nadu Minor Mineral Concession Rules, 1959-Rule 8-C as amended on 10th June 1992 & Rule 38-Validity of-Reservation of granites and rock for State Government and its companies and corporations-Approval of Central Government not obtained-Rule 8-C as amended hit by provisions of Section 17-A(2)-Rule declared bad in law-Rule 38 must be read as being subject to provisions of Section 17-A(2).These writ petitions were filed challenging rule 8-C, as amended by G.O.M. No. 214 issued by the Government of Tamil Nadu on 10th June 1992 and rule 38 of the Tamil Nadu Minor Mineral Concession Rules, 1959, as bad in law. The challenge was based on the provisions of sub-section 2 of Section 17-A of the Mines & Minerals (Regulation & Development) Act, 1957 which was inserted in the statute by Amending Act 37 of 1986. The approval of the Central Government was not obtained to rule 8-C as amended on 10th June, 1992, either before or after that date.The respondent State urged that rule 8-C, as amended, did not, in any event, debar the State Government from making a rule that no lease to quarry the said granites and rock would be granted to any person and that the State Government itself could engage in such quarrying. It was then argued that the provisions of rule 8-C, as amended, were not intended to make a reservation of such granites and rock in favour of the State Government or its companies or corporations but to preserve the same and, therefore, the State Government was not obliged to obtain the approval of the Central Government thereto under the provisions of Section 17-A(2). |
Judge | Honble Mr. Justice S.P. Bharucha |
Neutral Citation | 1995 INSC 62 |
Petitioner | Gem Granites And Anr. |
Respondent | State Of Tamil Nadu And Ors. |
SCR | [1995] 1 S.C.R. 476 |
Judgement Date | 1995-01-19 |
Case Number | 819 |
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