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Judgment Search Results Home  Phrase:mines and minerals development and regulation act 1957

Jul 26 2012

Monnet Ispat and Energy Ltd. Vs. Union of India and Ors.

  • Decided on : 26-Jul-2012

Court : Supreme Court of India

... herein above, as per information of the State Government the proposals which were submitted to the Central Government seeking prior approval u/s 5 (1) of the Mines and Minerals (Development & Regulation) Act, 1957, either fall in the areas reserved for exploitation by the Public Sector or overlap with the area earlier held or being presently held by others and therefore ... the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the 1957 Act) and the 1960 Rules, the State Government in August, 2004 recommended Monnets application to the Government of India for grant of mining lease of iron ore over an area of 705 hectares in Mauza Ghatkuri under Section 5(1) and Section 11(5) of the 1957 Act. The ... Government, for mining lease of iron ore over an area of 3566.54 hectares in Mauza Ghatkuri for the purpose of the proposed steel plant.5.1. It is the case of Monnet that after consideration of the application and following the necessary procedure contemplated under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the 1957 Act) and ... the proposal of Monnet to Union of India under Section 5 (1) and 11 (5) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to MMDR Act). The letter stated that some 58 applications were received, seeking grant of the mining leases over an area of 3566.54 hectares in Ghatkhuri reserved forest. All applicants were given sufficient opportunity ...

Mar 12 2004

Isra Mineral Exports (P) Ltd. Vs. Government of A.P. and Ors.

  • Decided on : 12-Mar-2004

Court : Andhra Pradesh

Reported in : 2004(3)ALD306; 2004(3)ALT696

... Mines and Minerals (Regulation and Development) Act, 1957. So far Baldev Singh case (supra) is concerned, it is a case relating to the provisions of Himachal Pradesh Municipal Act. So far as orders to be passed under Section 4-A of the Mines and Minerals (Regulation and Development) Act, 1957 by the Government is concerned, there is an express provision under Section 4-A(3) of the Mines and Minerals (Regulation and Development) Act, 1957 ... Mines and Minerals (Regulation and Development) Act, 1957. Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 empowers the State Government to make rules, for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for the purposes connected therewith. In the instant case, the quarry lease relates to black granite, which is a minor mineral covered by Andhra Pradesh Minor Mineral ... Mines and Minerals (Regulation and Development) Act, 1957, it is to be seen, the impugned order of cancellation of quarry lease, is not passed in exercise of powers under Section 4-A(2) of the Mines and Minerals (Regulation and Development) Act, 1957. Though the State Government is empowered to pass an order for premature termination of lease on the grounds specified under Section 4-A(2) of the Mines and Minerals (Regulation and Development) Act, 1957 ...

Jan 15 2004

The State of West Bengal Vs. Kesoram Industries Ltd. and Ors.

  • Decided on : 15-Jan-2004

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

... as prescribed under the leasedeed. The rates of the royalty were fixed under the Mines and Minerals(Development and Regulation) Act, 1957, which is a Central Act, passedunder Entry 54 in List I, by which the control of mines and minerals hasbeen taken over by the Central Government. The State Legislature sought tojustify and sustain ... Act, 1976 ( both as amended by the Bengal Taxation LawsAmendment Act, 1992) has been put in issue, as has been subjected tochallenge by the coal mine owners and the tea estate owners disputing thelevy of cess ailegediy on coal and tea. The grounds of challenge, brieflystated, are three in number: firstly, that brick-earth is a minor mineralto which the Mines and Minerals Development and Regulation Act, 1957 ... Mines and Minerals Development and Regulation Act, 1957,applies and by virtue of the declaration made by Section 2 of the Act byreference to Entry 54 in Schedule I of the Constitution, the field relatingto such minor minerals is entirely covered by the Centra! Legislation andhence the State Legislations are not competent to levy the impugned cess;secondly, that the levy is on tha dispatch of minor minerals ... alternative under Entry 23 or Entry 50in List II. The attack was that the legislation being one on mineral landsand mineral rights and the Parliament having enacted the Mines and Minerals(Development and .Regulation) Act, 1957, the field was entirely covered andthe State Legislature was incompetent to levy the tax. Reliance was placedon India ...

May 22 2003

B. Agarwal Stone Product Ltd. Vs. State of U.P. and Ors.

  • Decided on : 22-May-2003

Court : Allahabad

Reported in : 2003(4)AWC2957

... Mines and Minerals (Development and Regulation) Act, 1957, was made for development and regulation of mines and minerals. A perusal of the Act shows that the main purpose of the Act was to regulate mines and minerals and it was not basically concerned with transportation of the minerals from the Mines to the main roads. Obviously the road or link road by which the minerals ... Minerals (Development and Regulation) Act, 1957, was made for development and regulation of mines and minerals. A perusal of the Act shows that the main purpose of the Act was to regulate mines and minerals and it was not basically concerned with transportation of the minerals from the Mines to the main roads. Obviously the road or link road by which the minerals are carried on the trucks to the main roads have to be maintained and developed ... minerals from the Mines to the main roads. Obviously the road or link road by which the minerals are carried on the trucks to the main roads have to be maintained and developed, and this matter is not the subject-matter of the Mines and Minerals (Development and Regulation) Act, 1957, or only incidentally related to it. 12. In our opinion, the Mines and Minerals (Development and Regulation) Act, 1957 ...

Dec 21 1984

Chandeswar Prosad Singh and Anr. Vs. Sub Divisional Land Reforms Offic ...

  • Decided on : 21-Dec-1984

Court : Kolkata

Reported in : AIR1986Cal1,89CWN414

... Mines and Minerals (Regulation and Development) Act, 1957.Preamble. An Act to provide for the regulation of mines and the development of minerals under the control of the Union.Section 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided.Section 3. In this Act, unless the context otherwise requires -- (a) 'minerals ... Act, the said Rules and the Notifications issued thereunder.A. The Mines and Minerals (Regulation and Development) Act, 1957.Preamble. An Act to provide for the regulation of mines and the development of minerals under the control of the Union.Section 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals ... Development) Act, 1957.Preamble. An Act to provide for the regulation of mines and the development of minerals under the control of the Union.Section 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided.Section 3. In this Act, unless the context otherwise requires -- (a) 'minerals' includes all minerals ...

Jan 28 1983

Industrial Fuel Marketing Co. Vs. Union of India (UOI)

  • Decided on : 28-Jan-1983

Court : Kolkata

Reported in : AIR1983Cal253

... Item 9 and explanation (iii) thereto in the Mines and Minerals (Regulation and Development) Act, 1957 and the prescribed rate of royalty is 40 paise per tonne in 1975. This mineral is coal of Group VI variety and falls within Item 2 of the Second Sch. of the Mines and Minerals (Regulation and Development) Act, 1957. It has been further pleaded that the purported ... Bihar other than from mines is not winning within the meaning of Mines and Minerals (Regulation and Development) Act, 1957, It has been submitted in this connection that the work mines as defined in Section 2 of the Mines Act, 1952 defines 'mine' meaning as any excavation where any operation for the purpose of searching for or obtaining minerals has been or ... mineral and as such the right to collect the sludge or slurry comprising of the coal particles from lands and places belonging to the State) of Bihar other than from mines is not winning within the meaning of Mines and Minerals (Regulation and Development) Act, 1957, It has been submitted in this connection that the work mines as defined in Section 2 of the Mines Act, 1952 defines 'mine ... mining operation nor this indenture can be termed as a mining lease within the meaning of Section 3(c) of the Act. Nor it is a mining operation within the meaning of Section 3(d) of the Mines and Minerals (Regulation & Development) Act. 1957. This contention of the learned Advocate is per se, devoid of any merit inasmuch as mining operation as defined in Section 3(d) of the said Act ...

Jun 26 2014

Sri Veknataramanaswamy Blue Metals Vs. District Collector

  • Decided on : 26-Jun-2014

Court : Chennai

... shall cancel the licence after affording an opportunity of hearing to the Licensee. Explanation For the purpose of this Rule :- (i) competent authority means the person as authorised under the Mines & Minerals (Development & Regulation) Act, 1957 ; (ii) stockyard shall mean a place where a Licensee stores the sand purchased from Public Works Department ; (iii) sale slip shall mean an authenticate proof for sale of sand from ... ". Mines and Minerals ( Development and Regulation) Act, 1957; (k) ".Mineral' means, minerals of all types (except the atomic minerals enlisted in part B of Schedule-I of Mines and Minerals ( Development and Regulation) Act, 1957 and varieties including precious and semiprecious and un-cut stones and minor minerals as specified in Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act, 67 of 1957) for the purpose of these Rules. Explanation: Any mineral shall not cease to be a mineral by ... the Jharkhand Minor Mineral concession Rules, 2004 issued by the Government, framed under the ". Mines and Minerals ( Development and Regulation) Act, 1957; (k) ".Mineral' means, minerals of all types (except the atomic minerals enlisted in part B of Schedule-I of Mines and Minerals ( Development and Regulation) Act, 1957 and varieties including precious and semiprecious and un-cut stones and minor minerals as specified in Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act, 67 of 1957) for the ...

Mar 28 2007

Sesa Goa Limited rep. by its Secretary and G.M. (Corporate Affairs) C. ...

  • Decided on : 28-Mar-2007

Court : Karnataka

Reported in : ILR2007KAR3266; 2008(1)KarLJ16ILR2007(3)Kar3266; 2007(3)KCCRSN207; 2007(5)AIRKarR9; AIR2007NOC2115

... Mines and Minerals (Development and Regulation) Act, 1957 to delegate powers exercisable by it under Rule 26(1) of Mineral Concession Rules, 1960, upon the respondent No. 2.30. Therefore, it is necessary to examine whether Sub-section (2) of Section 26 of the Mines and Minerals (Development and Regulation) Act, 1957 confers such power to the State Government. Section 26 of the Mines and Minerals (Development and Regulation) Act, 1957 ... Mines and Minerals (Development and Regulation) Act, 1957. According to him all powers conferred and duties to be performed by the State Government under Mines and Minerals (Development and Regulation) Act, 1957 could be delegated by the State Government upon any other authorities or Officers subordinate to it. Exercising that power conferred upon it under Sub-section (2) of Section 26 of the Mines and Minerals (Development and Regulation) Act, 1957 ... Act' (Mines and Minerals (Development and Regulation) Act, 1957) be exercisable by the officers or authority subordinate to it. This power of delegation is referable only to the power exercisable under the Mines and Minerals (Development and Regulation) Act, 1957 and no reference is made to the powers exercisable and duties imposed on it under the provisions of the of Mineral ...

Feb 20 1970

Gangadhar N. Agrawal Vs. Union of India and Ors.

  • Decided on : 20-Feb-1970

Court : Delhi

Reported in : ILR1970Delhi452

... mining lease by virtue of the provision in section 11 of the Mines & Minerals (Development & Regulation) Act, 1957. This contention also is untenable. We have already held above that the petitioner had acquired a right to obtain mining concessions, and that he was entitled to the grant of mining concessions in respect of the four areas in question as if the Regulation ... Mines & Minerals (Development & Regulation) Act, 1957. This contention also is untenable. We have already held above that the petitioner had acquired a right to obtain mining concessions, and that he was entitled to the grant of mining concessions in respect of the four areas in question as if the Regulation No. 12 of 1962 had not been passed i.e. as if the Portuguese Mining ... had remained undisposed of for more than nine months. The Government of India, in exercise of the powers of revision conferred by section 30 of the Mines & Mineral (Development and Regulation) Act, 1957, directed the State Government to take into consideration the application of respondent No. 3, dated 17th October, 1964, and pass orders thereon at an early ... under section 5(2) of the Mines & -Minerals (Regulation & Development) Act, 1957, to the grant of a prospecting license for iron ore in favor of Vinod Kumar Shantilal Gosalia. It was stated in the said letter that the Central Government in exercise of the powers conferred by section 30 of the Mines & Minerals (Regulation and Development) Act, 1957, directed the State Government to take ...

May 09 2008

Chhotelal Choudhury and Ors. Vs. State of West Bengal

  • Decided on : 09-May-2008

Court : Kolkata

Reported in : 2008(3)CHN1060,2008CriLJ3655

... being G.R. Case No. 240 of 2005 under Section 4(D) of the West Bengal Land Reforms Act, 1955 and Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 read with Section 30 of the West Bengal Mines and Minerals Rules, 1973 and under Section 290/397/447 of the Indian Penal Code now pending before the learned ... West Bengal Land Reforms Act, 1955. Thus, according to the F.I.R. maker such unauthorised extraction and removal of minor minerals makes the persons liable to prosecution under Section 4(D) of the Land Reforms Act, Rule 30 of the West Bengal Minor Minerals Rules, 1973 and Sections 21(1) and 21(2) of the Mines and Minerals (Regulation and Development) Act, 1957 and also under ... 2 of the Mines and Minerals (Regulation and Development) Act, 1957, the Central legislative authority is the only legislative authority in respect of mines and minerals and State Legislation Entry 23, List I of the seventh schedule to the Constitution of India is ineffective and infructuous; and thus the State Government is the delegatee of power making rule under Section 15 of the said Act, 1957 and ... Act, 1957 and the State Legislature has no independent law making power of their own and as such Section 4(c) of the West Bengal Land Reforms Act as introduced by the amendment in the year 1981 could not operate as a valid provision in view of the provision made in Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 in respect of the minor minerals ...

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