Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals -— Grant of mining lease by State Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mines and Minerals -— Grant of mining lease by State Government ~ For non-scheduled minerals — However, the State stayed further action on the ground that detailed study on environmental impact of the proposed leases was required to be taken — Further the lessee-company was informed that the State did not intend to grant leases for mineral sand to private parties ~ Revision applications u/s, 3 of Mines and Minerals Act filed by the Company — Central Government allowing the revision directed the State Government to reconsider the case — State Government, on reconsideration, rejected the applications of the Company on the ground that as per the Industrial Policy, 2007 of the State, mineral deposits in question are to be expointed by a State agency only — Writ petition against decision of the State Government — Allowed by Single Judge of High Court ~ Order of Single Judge confirmed by Division Bench of High Court —- On appeal, held: Per Majority: State Government is the owner of mineral deposits in the land which vest with the Government — The State Government has the power to reserve the rights to exploit such deposits in its own favour or in favour of State owned Companies or Corporations — However, the State Government can reserve such right only in terms of s. 17A of the Mines and Minerals Act — Absence of procedure resorted to by the State Government, as required by s. 17A, renders the State: Government's claim of reservation untenable, until a valid reservation is made in accordance with law — Per Minority: State Government had legislative competence to take the policy decision reserving the area for exploitation of minerals by a State agency — The said policy is not dehors the provisions of Mines and Minerals ‘Act and of Mineral Concession Rules — Mines and Minerals (Development and Regulation) Act, 1987 - s. 17A -— Mineral |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 301 |
Petitioner | State Of Kerala & Ors. |
Respondent | M/s. Kerala Rare Earth & Minerals Limited & Ors. |
SCR | [2016] 5 S.C.R. 515 |
Judgement Date | 2016-04-08 |
Case Number | 3608 |
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