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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Court: supreme court of india Page 1 of about 39 results (0.247 seconds)

Apr 04 2016 (SC)

Common Cause Vs. Union of India and Ors.

Court : Supreme Court of India

..... the first schedule. (2) on and from the date of the commencement of the mines and minerals (development and regulation) amendment act, 2015, all mining leases shall be granted for the period of fifty years. (3) all mining leases granted before the commencement of the mines and minerals (development and regulation) amendment act, 2015 shall be deemed to have been granted for a period of fifty years. (4) ..... notwithstanding anything contained in sub-sections (2), (3) and sub- section (4), the period of lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, where mineral is used for other than captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st march, 2020 ..... contained in sub-sections (2), (3) and sub- section (4), the period of lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, where mineral is used for captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st march, 2030 ..... be prescribed by the central government. (9) the provisions of this section, notwithstanding anything contained therein, shall not apply to a mining lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, for which renewal has been rejected, or which has been determined, or lapsed. 17. in terms of section 8a(2) .....

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Oct 13 2017 (SC)

Federation of Indian Mineral Industries Vs. Union of India

Court : Supreme Court of India

..... for the scientific and sustainable development and exploitation of mineral resources. amendments to the mmdr act 3. on 27th march, 2015 the ordinance was replaced by the mines and minerals (development and regulation) amendment act, 2015 with effect from 12th january, 2015. however, section 9b and section 13(2) clause (qqa) were further amended and they now read as follows: ?9b. district mineral foundation. (1) in any district affected by mining related operations, the state government ..... of such royalty, as may be prescribed by the central government. (6) the holder of a mining lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the second ..... tribes and other traditional forest dwellers (recognition of forest rights) act, 2006. the constitution relating to (5) the holder of a mining lease or a prospecting licence-cum-mining lease granted on or after the date of commencement and minerals the mines of t.c. (c) nos.43/2016 etc.etc. page 5 of 34 (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the .....

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Dec 15 2016 (SC)

Bhushan Power and Steel Ltd. Vs. S. L. Seal and Ors.

Court : Supreme Court of India

..... with the new provisions introduced by the amendment act, 2015 and under the new scheme, the petitioner's earlier request stands ..... the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall become ineligible. (2) without prejudice to sub-secion (1), the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015 (a) applications received under section 11a of this act; (b) where before the commencement of the mines and minerals (development and regulation) amendment act, 2015 a reconnaissance permit or prospecting licence ..... recommendation to the central government for grant of mining lease in the area in question. the central government has, however, taken the view that having regard to the amendments in the mines and minerals (development and regulation) act, 1957 (for short, the 'act'), vide mine and minerals (development and regulation) amendment act, 2015 (hereinafter referred to as the amendment act, 2015) dated march 26, 2015, the grant of mining lease has to be dealt with in accordance .....

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Mar 21 2017 (SC)

Samaj Parivartana Samudaya and Ors. Vs. State of Karnataka and Ors.

Court : Supreme Court of India

..... district affected by mining related operations. under section 9b(5) and (6) lessees are required to pay ..... prayer made by the applicant, federation of indian mining industry, southern region ( fimi- southern region ) and duly supported by another lessee m/s. vedanta, in short, is that after the mines and minerals (development and regulation) amendment act 2015 had brought in section 9b in the act with effect from 12.1.2015 a district mineral foundation is required to be set up in every ..... to the district mineral foundation ( dmf for short) an amount equivalent to such percentage of ..... to the monitoring committee or the spv from the date of which said lessees have become liable to make payment to the district mineral foundation under section 9b of the mines and minerals (development and regulation) act 2015, as amended.8. in response, the union of india and the state of karnataka have opposed the grant of any relief/clarification, as .....

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Jan 20 2016 (SC)

State of Rajasthan and Ors. Vs. Gotan Lime Stone Khanij Udyog and Anr.

Court : Supreme Court of India

..... of mineral concessions can be allowed only if such concessions are granted through auction.32. in these circumstances, the plea of the writ petitioner that the lessee has a vested ..... mining rights by adopting a device of forming a private limited company and transfer of entire shareholding only with a view to sell the mining rights for private profit as has happened in the present case. we may note that under section 12a(6) added by the mines and minerals (development and regulation) amendment act, 2015, it has been provided that transfer ..... applied having regard to reality of a transaction and to effectuate the regulatory provisions dealing with subject. the constitutional principles and the regulatory regime in relation to the mining leases of minerals which vest in the state cannot be defeated by the abstract doctrine of corporate personality being separate from the entire body of shareholders without having regard to the real ..... facet of this aspect has been gone into by us in our order dated 04th january, 2016 in civil appeal nos. 4845- 4846 of 2015 titled sulekhan singh & co. vs. state of u.p. since, the mining rights vest in the state, the state has to regulate transfer of such rights in the best interest of the people. no lessee can trade .....

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Feb 07 2018 (SC)

The Goa Foundation Vs. M/S Sesa Sterlite Ltd. And Ors.

Court : Supreme Court of India

..... mind:17. h november, 2014 the draft mines and minerals (development and regulation) act, 2014 was uploaded on the website of the ministry of mines of the government of india. 5th january, 2015 approval of the mines and minerals (development and regulation) amendment ordinance, 2015 by the cabinet of the government of india became public knowledge. 12th january, 2015 president of india promulgated the mines and minerals (development and regulation) amendment ordinance, 2015. s.l.p. (c) no.32138 of ..... 2015 etc. page 82 of 101 123. it is ..... be resolved expeditiously. changes, if necessary, in the mmdr act, 1957 would be introduced to facilitate this. *emphasis supplied by us+. s.l.p. (c) no.32138 of 2015 etc. page 20 of 101 and the answer was: (a) & (b): yes madam. the ministry has drafted the mines and minerals (development and regulation) (mmdr) (amendment) bill, 2014, which has been uploaded on the website of the ministry .....

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Mar 17 2015 (SC)

Tata Steel Ltd Vs. Uoi and Ors

Court : Supreme Court of India

..... from the leased area at the rate for the time being specified in the second schedule in respect of that mineral. (2-a) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged ..... production of iron and steel.9. initially tata steel and tisco were of the opinion that in accordance with the provisions of section 9 of the mines and minerals (regulation and development) act, 1957 [now renamed as the mines and minerals (development and regulation) act, 1957 or the mmdr act].[4]. they were liable to pay royalty at the rates mentioned in the second schedule to the mmdr ..... of india ltd.[2]. (hereafter sail) has been accepted by the high court, namely, that royalty is chargeable [in accordance with section 9 of the mines and minerals (development and regulation) act, 1957 (the mmdr act)]. on the quantity of coal extracted at the pit-head, yet the refund of excess royalty paid by tisco for the period from 10th august, 1998 ( ..... of as above. however, the parties will bear their own costs. .............................cji (h.l. dattu) .................................j (madan b. lokur) .................................j (a.k. sikri) new delhi; march 17, 2015 ----------------------- [1]. manu/jh/0590/2002 [2]. (1998) 6 scc476[3]. 2014 (2) jljr702[4]. with effect from 18th december, 1999 9. royalties in respect of .....

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Jul 03 2019 (SC)

The State of Meghalaya Vs. All Dimasa Students Union Hasao District Co ...

Court : Supreme Court of India

..... following statement: the mines act, 1952 and the mines and minerals (development and regulation) act, 1957 (mmdr), together with the rules and regulations framed under them constitute the basic laws governing the mining sector in 99 india. while the mines act, 1952 governs the health and safety of the workers, the mmdr act, 1957 (including all amendments) lays down the legal frame work for the regulation of mines and development of all minerals other than petroleum and ..... issued by the government of meghalaya as well as draft guidelines of coal mining activities in the state prepared in the year 2015 has been brought on the record.85. clause 10 of the policy provides for regulatory framework for mine development and mining . sub-clause b) of clause 10 required application for mineral concession either fresh or renewal is to be submitted to the state ..... environment and for necessary remedial and preventive measures in regard to environment and matters related thereto. 10. certain other directions were issued by the tribunal vide order dated 25.03.2015. order dated 10.05.2016 11. order dated 10.05.2016 has been challenged by ka hima nongstoin land owners, coal traders and producers association. the ngt vide its order .....

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May 08 2018 (SC)

M/S Geomysore Services(i) Pvt. Ltd.&anr.; Vs. M/S Hutti Goldmines ...

Court : Supreme Court of India

..... state government concerned. therefore, section 17 of the mmrd act empowered the central government to undertake prospecting operations. vide act 38 of 1999 the name of the mmrd act was changed from the mines and minerals (regulation and development) act to the mines and minerals (development and regulation) act w.e.f. 18.12.1999. by the same act, in section 17 of the act, the words reconnaissance and reconnaissance permit were introduced w.e ..... nmp, 2008, which indicates that what is set out in the policy are the goals and that the act, the mineral concessions rules and the mineral concessions development rules will be amended in line with the policy. he submits 20 that these amendments took place in the year 2015 and, therefore, the policy could not have been resorted to by the central government to reject the claim ..... and the state of karnataka is directed to consider the 44 case of geomysore and deccan for grant of pl in accordance with the provisions of the act as they now stand amended in the year 2015.49. the appeals are allowed in the aforesaid terms with no order as to costs. pending application(s), if any, stand(s) disposed of. ..j.( ..... of karnataka in reserving the land in question.47. before parting with the case, we may note that arguments were addressed before us on the effect of the amendments made in 2015 to the mmdr act especially with regard to section 10a and section 10b. we are not dealing with these issues, as decision on them is not necessary to decide the present .....

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Aug 02 2017 (SC)

Common Cause Vs. Union of India .

Court : Supreme Court of India

..... , 2015 in a tabular form dealing with each i.a. filed in respect of the observations and recommendations made by cec. thereafter, when the matter was again taken up for consideration the learned amicus filed a note dated 15th march, 2016 wherein the following four issues were flagged:- (i) (ii) leases lapsed under section 4a(4) of the mines and minerals (development and regulation) act, ..... clearances.15. during the hearing of these petitions, we were informed that the balance 26 mining leases are now operational in view of the amendment to section 8(3) of the mmdr act with effect from 12th january, 2015. however, we are not aware whether these 26 mining leases have the necessary statutory clearances.16. we may also mention that pursuant to the liberty ..... is subordinate to the ec and in m.c. mehta it was held by this court that having an approved mining plan does not imply that a mining lease holder can commence mining operations. that being so, a modified mining plan without a revised or amended ec, is of no consequence. what the contention of learned counsel suggests to us is that under the shield ..... (iii) explain the production during the deemed extension period without having approval under eia notification dated 27.01.1994 and amendments thereon. (iv) explain the excess production in violation of eia notification dated 27.01.1994 and amendments thereon under the ep act, 1986. 40. the report mentions the various dates of hearing given to learned counsel for the lease holders, the .....

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