Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 - s. 21 read withs. 4(1)(a) Mines and minerals: Mines and Minerals (Development and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mines & Minerals (regulation and Development) Act, 1957 (67 of 1957) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mines and minerals:Mines and Minerals (Development and Regulation) Act, 1957 - s. 21 read with s. 4(1)(a) - Illegal mining of iron ore - Department detected unauthorised mining operation in Government land - Action taken to seize iron ore illegally quarried and deposited on the leased area of appellant- mining lease holder - Department taking a decision to auction the seized iron ore - Complaint by the appellant that instead of the illegally mined iron ore, the department was contemplating to sell the iron ore which was legally mined and accumulated by the appellant - Writ petition by the appellant. - Report of the Court Commissioner to the effect that the dump stacked near the crusher in two lots was extracted from the pit located in the area leased to the appellant; and that no illegally extracted iron ore from the pit located in the Government land was stacked on the leased area of the appellant - Dismissal of writ petition by High Court holding that the appellant did not have any right over the seized iron ore - Review petition also dismissed - On appeal, held: Appellant could legally mine upto 5500 metric tons only in a year which was increased to 41000 metric tons a year-Audit report indicates that the appellant had quarried and produced around one lakh ton of iron ore - Theory of somebody putting one lakh ton of iron ore of mining lease is totally untenable and beyond comprehension - One lakh ton of iron ore cannot be kept on any mining lease all of a sudden without the knowledge of the appellant - It is possible only when the appellant had indulged in massive illegal mining - Thus, the appellant cannot claim any right over seized iron ore - Interference u/Art. 136 not called for - Constitution of India, 1950 - Article 136. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2011 INSC 287 |
Petitioner | B.r. Surendranath Singh |
Respondent | Deputy Director, Department Of Mines & Geology, Karnataka And Ors. |
SCR | [2011] 5 S.C.R. 218 |
Judgement Date | 2011-04-11 |
Case Number | 3187 |
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