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Search Results Judgments > Act:MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957

Nov 27 2006

National Mineral Development Corporation Limited a company incorporate ...

  • Decided on : 27-Nov-2006

Court : Karnataka

Reported in : 2007(2)KLJ235; 2007(1)KCCRSN16; 2007(1)AIRKarR402

... 2) of the Mines and Minerals (Development and Regulation) Act, 1957 are affected by those notifications. Therefore, all these petitions are clubbed together, heard and disposed of by this common order.2. In WP.No. 18445/2003 the petitioner is National Mineral Development corporation Limited a Government of India Enterprises. On 11/12.12.1968 they made an application for mining lease over an area ... NMDC, the State Government sought relaxation under Rule 59(2) of the Mineral Concession Rules 1960 (for short hereinafter referred to as the 'Rules') and also sought for prior approval under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short hereinafter referred to as the 'Act') from the Central Government. The Central Government on 11.4.1997 ... prior approval under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short hereinafter referred to as the 'Act') from the Central Government. The Central Government on 11.4.1997 granted the approval and also relaxed under Rule 59(2) of the Rules. Thereafter the State Government sanctioned the mining lease over an area of 700 acres for ... or mining operations of any mineral by notifying in the Gazette Notification.Further on the same day, Central Government amended Rule 59(1)(e) by substituting words 'reserved by the State Government' in place of 'reserved by Government'. This is because on the very day MMRD Act 1957 was amended by Act 36/86 and introduced Section 17A in the Act ...

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)]

... 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, ... minerals and further for quashing the demand notice issued by the respondents whereby surface rent has been demanded in 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 ... 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 minerals and to enhance the rates of dead rent and royalty ... coal company is concerned. According to the learned Counsel for the purpose of mining activities of the petitioner-Central Coalfields Limited lands were acquired under the provisions of Coal Bearing Areas (Acquisition and Development) Act 1957. Under Section 3 of the said Act, right title and interest of the owners in relation to coal ...

Aug 22 2006

Bharat Coking Coal Ltd. and Tata Iron and Steel Company Vs. The State ...

  • Decided on : 22-Aug-2006

Court : Jharkhand

Reported in : [2007(1)JCR25(Jhr)]

... minerals.5. It is relevant to notice some of the important provisions of Mines and Minerals (Development & Regulation) Act, 1957, Mineral Concession Rules and regulations framed under Mines Act (hereinafter to be referred as Act, Rules and Regulations, as the case may be) with a view to appreciate respective contentions of the parties.Mines and Minerals (Development & Regulation) Act, 19579. Royalties in respect of mining leases:- (1) The holder of a mining lease granted before the commencement of this Act ... Mineral Concession Rules framed under Mines and Minerals Act, 1957;c. It is in violation of Regulation 4 framed under Section 57 of the Mines and Minerals (Development & Regulation) Act, 1957;d. Notification has not been approved by the State Legislature, as required under Section 28(3) of Mines and Minerals (Development & Regulation) Act, 1957; ... minerals, namely, coal, copper and iron ores and it is stated that more than 95% of the royalty is raised by the State in respect to these minerals.5. It is relevant to notice some of the important provisions of Mines and Minerals (Development & Regulation) Act, 1957, Mineral Concession Rules and regulations framed under Mines Act (hereinafter to be referred as Act, Rules and Regulations ...

Jun 05 2009

Jindal Vijayanagar Steels Ltd., Now known as JSW Steel Ltd. rep. by it ...

  • Decided on : 05-Jun-2009

Court : Karnataka

Reported in : 2009(4)KCCR2566(D.B)

... Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as such application is premature and shall not be entertained as per Rule 60 of the MC Rules, 1960? and19.2.1. For deciding Issue (II), it is apt to refer to the following statutory provisions:19.2.2. The Mines and Minerals (Development and Regulation) Act, 1957 is enacted to provide for the Development and Regulations of Mines and Minerals ... mining lease under Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as such application is premature and shall not be entertained as per Rule 60 of the MC Rules, 1960? and19.2.1. For deciding Issue (II), it is apt to refer to the following statutory provisions:19.2.2. The Mines and Minerals (Development and Regulation) Act, 1957 is enacted to provide for the Development and Regulations ... mining, can be considered for grant of mining lease under Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as such application is premature and shall not be entertained as per Rule 60 of the MC Rules, 1960? and19.2.1. For deciding Issue (II), it is apt to refer to the following statutory provisions:19.2.2. The Mines and Minerals (Development and Regulation) Act, 1957 ...

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

... 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 ... 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 ...

Jul 26 2012

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

  • Decided on : 26-Jul-2012

Court : Supreme Court of India

... regulation of mines and the development of minerals, the Mines and Minerals (Regulation and Development) Bill was introduced in the Parliament. Mines and Minerals (Regulation and Development) Act, 1957 and the Amendments 46. 1957 Act came into effect on June 1, 1958. It has been amended from time to time.47. Section 2 of the 1957 Act ... regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. On account of this provision it became imperative to have a separate legislation. In order to provide for the regulation of mines and the development of minerals, the Mines and Minerals (Regulation and Development) Bill was introduced in the Parliament. Mines and Minerals (Regulation and Development) Act, 1957 and the Amendments 46. 1957 Act ... minerals development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. On account of this provision it became imperative to have a separate legislation. In order to provide for the regulation of mines and the development of minerals, the Mines and Minerals (Regulation and Development) Bill was introduced in the Parliament. Mines and Minerals (Regulation and Development) Act, 1957 ...

Sep 20 2006

Progressive Constructions Co. and Ors. Vs. South Central Railway and O ...

  • Decided on : 20-Sep-2006

Court : Andhra Pradesh

Reported in : 2006(6)ALD570

... quantity dispatched or consumed from the quarry site duly obtaining the permits on the specified minerals. As per Section 3(e) of the Mines and Minerals (Development and Regulations) Act 1957, the road metal is defined as 'Minor Mineral' by the Central Government vide Notification No. M.II-152/(18) 54-A-ll, ... Court to Sections 9, 13 and 15 of the Mines and Minerals (Development and Regulation) Act 1957, hereinafter in short referred to as Act for the purpose of convenience. Learned Counsel also had drawn the attention of this Court to Rule 64(b) of the Mineral Concession Rules, 1960 and also to Schedules ... Act 1957.19. It was also stated at Para 7 of the counter-affidavit that the Regulation of Minor Minerals in A.P. is regulated by Rules, 1966 formulated under Section 15 of the Act, 1957. The rules framed by Government of Orissa on Minor Minerals cannot be made applicable in Andhra Pradesh and they are to be regulated ... Limekankar/Limestone MT The rate of Royalty as applicable to Limestone (L.D. Grade) (other than in respect of Major Mineral 2nd Mines and Act, 1957 as per the Schedule of the Minerals (D&R)5. Limeshell MT Rs. 80 (Rupees eighty)6. Marble M3/MT Rs. 150/60 (Rupees one hundred & ... Mines and Geology, Hyderabad is in conformity of the provision of M&M; (D&R;) Act 1957 and APMMC Rules 1966. The petitioner has also filed WP No. 24997 of 2001 questioning the validating of G.O.Ms. No. 331, dated 21.6.2000 to the extent of inclusion of road metal in the scheme of minor mineral ...

Oct 30 2008

Novel Granites Ltd. rep by its Managing Director, E. Vijay Kumar Rao, ...

  • Decided on : 30-Oct-2008

Court : Andhra Pradesh

Reported in : AIR2009AP107

... under the Mines and Minerals (Development and Regulation) Act, 1957.The definition of 'Mineral' in Clause (h) has been amended as under:(h) 'Mineral' means, minerals of all types and varieties including precious and semi-precious and uncut 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 purposes of these rules.Explanation:- Minerals shall not cease to be minerals by reason of ... Mineral Concession Rules, 1966 issued by the Government, framed under the Mines and Minerals (Development and Regulation) Act, 1957.The definition of 'Mineral' in Clause (h) has been amended as under:(h) 'Mineral' means, minerals of all types and varieties including precious and semi-precious and uncut 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 purposes of these rules.Explanation:- Minerals ... the Mineral Concession Rules, 1960 or the A.P. Minor Mineral Concession Rules, 1966 issued by the Government, framed under the Mines and Minerals (Development and Regulation) Act, 1957.The definition of 'Mineral' in Clause (h) has been amended as under:(h) 'Mineral' means, minerals of all types and varieties including precious and semi-precious and uncut stones and minor minerals as specified in Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act ...

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

... 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 ... Central Act suffers from vice of the excessive delegation of legislative power. In any event, the learned Counsel would contend that apart from the fact that the Central Act was enacted for the purpose of regulation of mines and minerals, as would appear from Sections 2 and 18 of Mines and Minerals (Regulation and Development) Act, 1957, ... of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the said Act' for 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. No.1172, Industries and Commerce (Mines) ... Mines-I) Department are arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India and for a further declaration that they are beyond the legislative competence and rule making power of the State, conferred by virtue of Mines and Minerals (Regulation and Development) Act, 1957 (Parliamentary Act) being contrary to the objectives and provisions of the said Act ...

Aug 31 2007

Tapal Timmappa and Sons a partnership firm Mineral Dealers rep. by its ...

  • Decided on : 31-Aug-2007

Court : Andhra Pradesh

Reported in : 2007(6)ALD517; 2007(6)ALT259

... Section 11(3) of Mines and Minerals (Development & Regulation) Act, 1957 (for short, MM(D&R;) Act, 1957). It is contended that respondents 1 to 4 have abused the discretionary power vested in them by law and adjudicated the issue in favour of the 9th respondent on extraneous considerations. (iv) As per Section 11(3) of the Act all the applications for grant of a mining lease shall be disposed ... contending that, while keeping his application dated 19-4-2007 pending, the decision taken to grant the mining lease in favour of the 9th respondent was in gross violation of the procedure prescribed under Section 11 of the Mines and Minerals (Development & Regulation) Act, 1957 (for short, MM(D&R;) Act').7. In W.P. No. 9723 of 2007 though Rule Nisi was ordered on 1-5- ... Section 11 of the Mines and Minerals (Development & Regulation) Act, 1957 (for short, MM(D&R;) Act').7. In W.P. No. 9723 of 2007 though Rule Nisi was ordered on 1-5-2007 no counter-affidavit is filed by any of the respondents.8. In W.P. No. 14116 of 2007 and W.P No. 14818 of 2007 the learned Government Pleader for Mines & Geology accepted ... mining lease over the notified area. Having processed the applications, the Government of A.P., by order dated 10.11.2005, provisionally proposed to grant a mining lease in favour of the 9th respondent over an extent of 68.52 hectares for a period of 20 years subject to prior approval of the Government of India under Section 5 of the Mines and Minerals (Development & Regulation) Act, 1957 ...

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