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

Apr 16 2009

B. Muthuraman @ Balasubramanian Muthuraman and Ors. Vs. State of Jhark ...

  • Decided on : 16-Apr-2009

Court : Jharkhand

Reported in : 2009(57)BLJR2165

... far this case is concerned, complaint has never been made to the magistrate by the informant, though under section 22 of the mines and minerals (development and regulation) act, 1957, any prosecution under that act or rules or regulation made under the act such as, jharkhand mineral transit challan regulations, 2005 needs to be set at motion by filing complaint by an authorized person before a magistrate. further any investigation, enquiry ... the case has been lodged do fall within the purview of 'special legislation', namely, jharkhand mineral transit challan regulations, 2005 and mines and minerals (development and regulation) act, 1957 and in that event the cognizance of such offence in terms of the provision as contained in section 22 of the mines and minerals (development and regulation) act, 1957 can be taken by the court only upon complaint in writing made by a person authorized ... ) of the mines and minerals (development and regulation) act, 1957 in order to prevent illegal mining, transportation, storage of minerals and mineral products whereas clause 9 of the said regulation does prescribe that whenever any mining lessee transports the minerals raised in his mine without any valid permit or challen, it will be treated as a transgression of the conditions of the lease and provisions of mines and minerals (development and regulation) act, 1957 and also mineral concession rules, 1960 ...

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Nov 09 2009

Som Datt Builders Ltd. Vs. Union of India (UOI) and Ors.

  • Decided on : 09-Nov-2009

Court : Supreme Court of India

Reported in : 2010(1)AWC1039(SC); JT2009(14)SC344; 2009(13)SCALE642; (2010)1SCC311; 2009(10)LC4936(SC):2009AIRSCW7452

... (e), central government issued the following notification on february 3, 2000:g.s.r. 95(e).--in exercise of the powers conferred by clause (e) of section 3 of the mines and minerals (development and regulation) act, 1957 (67 of 1957), the central government hereby declares the `ordinary earth' used for filling or levelling purposes in construction of embankments, roads, railways, buildings to be a minor ... filling or levelling purposes in the construction of embankments, roads, railways, buildings has validly been declared to be a `minor mineral' by the central government vide notification dated february 3, 2000 issued under section 3(e) of mines and minerals (development and regulation) act, 1957 (for short, `act, 1957').4. it is not necessary to refer to the facts of each of these appeals. the brief narration of facts ... in civil appeal no. 2088 of 2007 will suffice. the appellant therein is a company incorporated under the companies act, 1956. it is engaged in the construction of ...

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Mar 31 2009

Nagaraju and Ors. Vs. The Tahsildar

  • Decided on : 31-Mar-2009

Court : Karnataka

Reported in : ILR2009KAR1671; 2009(5)KarLJ496:2009(3)KCCR1638:2009(5)AIRKarR84(D.B)

... above and therefore, the impugned order is totally without jurisdiction.5. per contra, learned advocate general invites our attention to section 4 and section 21 of the mines and minerals (development and regulation) act, 1957 (for short 'the mmdr act') and submits that the authorities are conferred with powers to take appropriate action under two different statutes. the very mentioning of a wrong provision or omission to ... way of reply, learned counsel appearing for the writ petitioners submits that even assuming the government has got the powers under the provisions of the mmdr act and the rules framed under the karnataka minor mineral concession rules, 1994, (for short 'kmmc rules'), the only relevant rules which are applicable are, rules 42 and 44 of the said rules. but both ... /- as per sections 192-a, 192-b, 192-c of the klr (amendment) act or rules 42 and 44 of the kmcc rules, in our considered opinion, is totally illogical and irrational and such an interpretation would only pave way to the illegal mining and transporation of minerals and exploitation of natural resources of the country, causisng great damage and hazard to ... as the case may be, of a mining lease, granted under this act and the rules made thereunder.xxx xxx xxx xxxsection 4(1a), as inserted by act 38 of 1999, reads thus:no person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this act and the rules made thereunder.(emphasis supplied ...

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Mar 21 2007

Bandrappa Vs. State by Gadigenur Police

  • Decided on : 21-Mar-2007

Court : Karnataka

Reported in : ILR2007KAR3190; 2007(3)KLJ183; 2007(4)AIRKarR94; 2007(3)KarLJ183

... taluk, which is registered for the offences punishable under sections 420 and 379 of indian penal code, 1860 read with section 4( 1-a) of mines and minerals (development and regulation) act, 1957 (hereinafter referred to as mmrd act' for short), has sought for quashing the proceedings pending before the court below by filing this petition.2. the records disclose that the ... rights.the plain reading of the said section would go to show that the mines, minerals and mineral products shall vest with the state government and the state government shall, subject to the provisions of the mines and minerals (development and regulation) act, 1957 (central act no. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal of such rights ... . thus, it is clear from the said section that the minerals embedded in the earth absolutely vest in the state though such land ... or on behalf of the government for the time being, the right to mines, minerals and mineral products, shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal of such ...

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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

... not appear to be correct. 11. it may be mentioned that 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 ambit of section 239 read with sections 142 and 143 of the u. p. kshetra panchayat and zila panchayat adhiniyam and it only incidentally entrenches on the mines and minerals (development and regulation) act, 1957 and the rules made thereunder. 15. for the reasons given above, we are of the opinion that the view taken by the division bench of this court ... the impugned levy is really a fee under section 239 of the u. p. kshetra panchayat and zila panchayat adhiniyam and the field is not covered by the mines and minerals (development and regulation) act, 1957. the whole issue really turns on a simple question, namely, whether the state or the local body can charge a fee or toll for constructing and maintaining roads ... the rate of rs. 30 per truck. 9. one of the point urged by learned counsel for the petitioner is that the field is covered by the mines and minerals (development and regulation) act, 1957 and the rules made thereunder. in this connection learned counsel for the petitioner has relied on a division bench decision of this court in okhla sand supply company ...

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May 07 2007

Misrilall Jain and Sons and Ors. Vs. State of Jharkhand and Ors.

  • Decided on : 07-May-2007

Court : Jharkhand

Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]

... of m.p. v. mahalaxmi fabric mills ltd and ors. (1995) suppl. 1 scc-642.31. in d.k. trivedi case (supra) the constitutionality of section 15(1) of the mines and minerals (development and regulation) act, 1957 and the power of state government to make rules under section 15 to enable them to charge dead rent and royalty in respect of the lease of minor ... terms of the aforesaid resolution.3. in all the writ petitions, petitioners' case is that they were time to time, granted mining lease as per the provisions of mines and minerals (development and regulation) act, 1957 (in short mmdr act), mineral concession rules, 1960 (in short mc rules) and bihar minor mineral concession rule now, jharkhand minor mineral concession rules 2004 (in short mmc rules) in respect of major and minor ... minerals. petitioner's case is that being holder of mining leases for minerals, they are paying all statutory levies, royalty and surface rent as specified ...

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Aug 14 2007

Sri H.G. Rangangoud S/o Late H.R. Gaviappa Vs. Ministry of Coal and Mi ...

  • Decided on : 14-Aug-2007

Court : Karnataka

Reported in : 2008(1)KarLJ1992007(4)KCCRSN257; 2007(5)AIRKarR534; AIR2007NOC2435

... cl 16 mmm 2003 dated 15-3-2007. the notification was issued under rule 59 of the mineral concession rules, 1960 [for short, the rules], which in turn is the rules framed under the provisions of the mines & minerals (development & regulation) act, 1957 [for short, the act].2. it appears that the writ petitioner in wp no. 20739 of 2005 m/s salgaocar ... mining industries pvt ltd., had filed an application in form no. 1 and had sought for grant of mining lease in respect of an extent of 524.80 ... has been preempted by the impugned notification, a notification issued by the central government in exercise of its power under section 17a(1a) of the mines and minerals (development & regulation) act, 1957 [for short, the act]. it is aggrieved by the intervention of the impugned notification, the present writ petitions, questioning the legality of the notification.the notification is challenged mainly ... 2003sq 889 (e)- in exercise of the powers conferred by sub-section (1a) of section 17a of the mines and minerals (development and regulation) act, 1957 (67 of 1957), the central government in consultation with the government of karnataka, reserves for undertaking mining operations through the state trading corporation of india ltd. (stcil), a public sector undertaking, owned and controlled by ...

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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

... , 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 reads thus:26. delegation of powers.-(1) the central government may, by notification in the official gazette, direct that any power exercisable by ... no. 2. he seeks to justify such exercise of powers referring to sub-section (2) of section 26 of the 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 ... or ail such powers exercisable by it (the central government or the state government) under 'the 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 ...

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May 08 2009

M.C. Mehta Vs. Union of India (UOI) and Ors.

  • Decided on : 08-May-2009

Court : Supreme Court of India

Reported in : JT2009(6)SC434; 2009(7)SCALE650; (2009)6SCC142; 2009(6)LC2626(SC)

... forest cover, we have the forest (conservation) act, 1980, which was enacted to regulate the diversion of forest area for non-forest purposes. similarly, under the ep ... forest areas coming under the purview of section 2(ii) of forest (conservation) act, 1980. it applies to mining leases. it is important to note that in order to operate mining inside the forest area, the lessee is required to possess clearances under mines and minerals (development and regulation) act, 1957 ('1957 act'); under section 2(ii) of forest (conservation) act, 1980; and to environment clearance under eia notification which applies to ... . the water (prevention and control of pollution) act, 1974; air (prevention and control of pollution) act, 1981 and environment (protection) act, 1986 were enacted to implement the decisions taken in united nations conference on human environment in 1972 at stockholm. these environment and forests statutes interact with mining regulations under mines and minerals (development and regulation) act, 1957; mineral concession rules, 1960; mineral conservation and development rules, 1988. on account of depletion of the ...

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Apr 27 2001

K. Satyanarayana Vs. Govt. of A.P. and others

  • Decided on : 27-Apr-2001

Court : Andhra Pradesh

Reported in : 2001(4)ALD36; 2001(3)ALT654

... the sake of brevity) made certain amendments to the a.p. minor mineral concession rules, 1966 (hereinafter referred to as 'the rules' for the sake of brevity) issued in g.o. ms ... by virtue of mines and minerals (regulation and development) act, 1957 (parliamentary act) being contrary to the objectives and provisions of the said act.2. by reason of the g.o. ms. no.1, industries and commerce (mi) department dated 1-1-2001, the governor of andhra pradesh in exercise of the powers conferred by sub-section (1) of section 15 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to ... as 'the said act' for ...

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