Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Mining Minerals (Concession) Rules Mining lease Extension of 1963 Rules 68 and 40(h) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) Environment (protection) Act, 1986 (29 of 1986) Indian Forest Act, 1927 (16 of 1927) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Uttar Pradesh Mining Minerals (Concession) Rules, 1963:Rules 68 and 40(h) – Mining lease – Extension of – Soughtby the lease-holders – For the obstructed period of lease, due tojudicial pronouncements – Held: The proposition that interdictsposed by a competent Court should not put a party at a disadvantage,cannot be a blanket proposition – The court has to consider thecontext in which the interdict was passed, in the present case it is topreserve the forest area – The right to extension of lease either flowfrom the statutory provisions or from the terms of the lease – Theobstructed period by reason of judicial interdict, by itself will notgive window to extend the lease – Extension of lease cannot begranted in exercise of Rule 68 as the same is worded in restrictivemanner – The new mining policy of the State also has no provisionfor grant of extension of time for the obstructed period – Terms ofthe lease too do not provide for any such consequences – OnlyRule 40(h) provides for the consequences of disruption – Therefore,the appropriate course would be not to extend the lease for theobstructed period, but to refund the security deposit and the amountdeposited by lease-holders as advance royalties, in terms of Rule40(h) – Since the monies have remained blocked and the miningwas prevented for no fault of the lease-holders, in order to docomplete justice, in exercise of power u/Art. 142 of the Constitution,the monies are directed to be refunded with simple interest @ 9%p.a. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 614 |
Petitioner | Dharmendra Kumar Singh |
Respondent | The State Of Uttar Pradesh & Ors. |
SCR | [2020] 12 S.C.R. 557 |
Judgement Date | 2020-10-28 |
Case Number | 12202 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |