Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals (Development and Regulation Act 1957 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mines and Minerals (Development and Regulation Act, 1957 — s. 9(3) — Schedule Part I —- Mineral Concession Rules, 1960 — Lessor entered into lease agreement for 20 years with the State for mining lease for. bauxite in respect of certain lands — by Notification State reserved the mining areas for public sector, however, 14 years later de-reserved the said areas — Thereafter, the State sought permission fron Central Government to impose certain conditions upon the mining of bauxite to protect the interest of the State — Grant of permission by Central Government for de-reservation of the areas gnd for imposition of conditions on mining lease — Thereafter, issti..ce of circular by State Government permitting sale- export of Non Plant Grade(NPG) Bauxite and guidelines framed for computation of royalty on sale of NPG Bauxite — Respondent then sought permission from the State Government for sale of 11290 metric tones of bauxite — Rejection by State on the ground of failure ' .of the respondent to establish captive plant within a period of two years in accordance with the prevailing policy.— Challenge to, by the respondent ~— Central Government set aside the State Government's rejection order — Appeal by the State — High Court dismissed the appeal and imposed cost of Rs. 50,000/- for non- disclosure of writ filed by the State Government ~ Division Bench set aside the order imposing cost - On appeal, held: Fresh grant anda renewal of existing lease. of the mining area stands on the same footing — State after 16.01.1980 had the power to impose condition inter alia, for setting up of a captive plant for bauxite by the respondents at the time of renewal of their lease — It cannot be said that permission for inclusion of certain conditions including condition for setting up of a captive plant by the leaseholders u/r. 27(3) for the de-reserved area granted by the Central Governinent vide letter dated 16.01.1980 would not be applicable to the respondents’ lease which was granted prior to 16.01.1980 merely |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2016 INSC 523 |
Petitioner | State Of Gujarat & Ors. |
Respondent | Nirmalaben S. Mehta & Anr. Etc. |
SCR | [2016] 4 S.C.R. 140 |
Judgement Date | 2016-07-13 |
Case Number | 6209-6211 |
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