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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Page 3 of about 162 results (0.093 seconds)

Apr 23 2016 (HC)

Shri Ramesh Prasad Sao Vs. Union of India Through Secretary Ministry o ...

Court : Jharkhand

..... for a period of 50 years from the date of grant or at least until 31.3.2020 in view of section 8a(6) of the mines and mineral(development and regulation)act, 1957 [ as amended by the mines and minerals(development and regulation) amendment act,2015]. these three petitions have been heard analogously. it is not out of place to mention here that an objection was taken by the petitioner in w ..... act, the regime introduced through sub-sections (5) and (6) thereof, provides for three contingencies where benefits have been extended to leaseholders ..... unamended section 8a of the mmdr act and the amended rule 24a(6) of the -5- mineral concession rules) up to 12.1.2015, would still have the benefit of sub-sections (5) and (6) of section 8a of the amended mmdr act, in view of the situation sought to be remedied by the mines and minerals (development and regulation) amendment act, 2015. (vi) consequent upon the amendment of section 8a of the mmdr .....

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Apr 23 2016 (HC)

Ms Thakur Prasad Sao Through One of Its Partners Sri Sandeep Sao Vs. T ...

Court : Jharkhand

..... for a period of 50 years from the date of grant or at least until 31.3.2020 in view of section 8a(6) of the mines and mineral(development and regulation)act, 1957 [ as amended by the mines and minerals(development and regulation) amendment act,2015]. these three petitions have been heard analogously. it is not out of place to mention here that an objection was taken by the petitioner in w ..... act, the regime introduced through sub-sections (5) and (6) thereof, provides for three contingencies where benefits have been extended to leaseholders ..... unamended section 8a of the mmdr act and the amended rule 24a(6) of the -5- mineral concession rules) up to 12.1.2015, would still have the benefit of sub-sections (5) and (6) of section 8a of the amended mmdr act, in view of the situation sought to be remedied by the mines and minerals (development and regulation) amendment act, 2015. (vi) consequent upon the amendment of section 8a of the mmdr .....

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Apr 21 2016 (HC)

Ms Shah Brothers Through One of Its Partner Sri Raj Kumar Shah Vs. The ...

Court : Jharkhand

..... was wholly out of place. petitioner's application for renewal was not rejected before enforcement of mines and minerals (development and regulation) amendment act, 2015 which came into effect from 12.01.2015. he however, submits that the requirement of statutory clearances, as contemplated under section 8(a)(6) of mines and minerals (development and regulation) amendment act, 2015 and observations made by the apex court at para-27 of the judgment in common cause ..... therefore incorrect on the face of record.4. learned counsel has submitted that the order impugned is wholly without 4. jurisdiction. petitioner is a subsisting lessee in terms of mines and minerals (development and regulation) amendment act, 2015, as interpreted by the apex court in the judgment rendered in the case of common cause (supra). having complied with all statutory requirements, should not be restrained from carrying ..... of lease, it applied for first renewal on 08.07.2001 in terms of rule 24(a) (1) of mineral concession rules, 1960, which however, remained pending till mines and minerals (development and regulation) amendment act, 2015 was enacted. the ordinance had come into force with effect from 12.01.2015 before the amendment act was passed by the parliament. prior to that, on 18.07.2014, rules 24a(6) of .....

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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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Apr 28 2016 (HC)

Anil Khirwal Vs. The Union of India Through the Ministry of Mines and ...

Court : Jharkhand

..... , which has remained pending till mines & minerals (developments and regulation) amendment act, 2015 was enacted. the mmrd (amendment) ordinance, 2015 had came into force with effect from 12th january, 2015. the mines and minerals (development and regulation) amendment act, 2015 was passed by the parliament on 12th july, 2015. prior to that on 18th july, 2014, rule 24a(6) of mineral and concessions rules, 1960 were amended which provided for deemed extension for ..... of common cause (supra) on 4th april, 2016 the impugned order dated 01.04.2016 rejecting the application for renewal after coming into force of mines and minerals (development and regulation) amendment act, 2015 appears to be wholly out of place as has also been fairly submitted by learned a.a.g in the case of m/s. shah ..... brothers recorded in the order dated 21st april, 2016 by this court. the provisions of amendment act, 2015 specifically section 8(a), as interpreted in the judgment rendered in the ..... lease, is bad in law on the following grounds: (i) section 4(a)(1) of mines and minerals (development and regulation) amendment act, 1957 confers power on the central government which may request the state government to make premature termination of such mining lease. there is no such request or direction of the central government to the state government .....

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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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Jul 26 2016 (HC)

Maria de Lourdes Filomena Figueiredo de Albuquerque Vs. The Ministry o ...

Court : Mumbai Goa

..... ). 6. the supreme court decided the aforesaid writ petition no.435/2012 on 21/04/2014 and subsequently, the mines and minerals development and regulation act came to be amended by the mines and minerals (development and regulation) (amendment) ordinance, 2015 with effect from 12/01/2015. by virtue of the said amendment, the mining leases stood extended till 31/03/2020. 7. it appears that the respondent undertook an exercise of lifting of the ..... abeyance on the environmental clearances of the iron and manganese ore of mining leases in goa. in respect of 22 cases ..... the leases in 88 cases and had requested the ministry to lift the abeyance on environmental clearance vide letters dated 07/01/2015 and 05/02/2015. mines and minerals (development and regulation) (amendment) ordinance, 2015 came into force on 12/01/2015, extending the mining leases for merchant mines till 31/03/2020. in view of this, the respondent had considered in all 137 cases for lifting of abeyance, on .....

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May 07 2015 (HC)

M/s. V. M. Salgaoncar Sales International Vs. Assistant Commissioner o ...

Court : Mumbai Goa

..... ] vide the mines and minerals (development and regulation) amendment ordinance, 2015, dated 12/01/2015 and hence the decision of the hon'ble supreme court is no more applicable. moreover, you ..... as under: ??however vide your reply dated 09/02/2015 you have brought to my notice that the government of india has amended the mines and minerals (development and regulation) act [mmdr act ..... did not deal with the petitioner's objection that no income is earned from mining leases as they do not hold any mining leases, consequently, the question of illegal mining would not arise in their case. the assessing officer in the order dated 20/02/2015 has on the contrary recorded the following as the submission/ objection of the petitioner ..... , the manner in which the objection of the petitioner that they do not own any mining leases has been dealt with by the order dated 20/02/2015, casts a doubt on the entire order disposing of the objections dated 20/02/2015 as to what has been the application of mind while disposing of other objections. 11. .....

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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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Aug 20 2015 (HC)

1.P.K.M.Selvam Vs. 1.State Through

Court : Chennai

..... mines and minerals development regulation amendment ordinance, 2015, has come into force on 12.01.2015 and passed by both the houses of parliament. section 21 thereon made provision for constitution of special courts towards ensuring speedy trial for offences of contravention of the provisions of sub-section (1) or sub-section (1a) of section 4 of the act ..... 3(1), 4(1) of tnppdl act, 4(1), 4(2)(a), 4(3), 21(b) and 5 of mines & minerals development & regulation act and 4 of explosives substances act, on the allegation that a concern by name rr granite works had been granted mining lease in respect of an extent of ..... 9.29 acres in s.no.209/3f, e.malampatti village, but such concern, acting along with ..... informed of large scale quarrying in non-leased areas. the evaluation report specifically informed thus: ?.i. general violation noticed under mines and minerals (development and regulation) act 1957 1. the lessee has encroached upon the adjoining poolankulam kanmai in sf.no.12/10 of poolankulam village and also in ..... 2015 and his brother. the allegation of commission of offences u/s.447, 379, 120(b), 420, 430, 434, 304(ii) r/w 511 of ipc, 3(1)(ii) of tnppdl act, 6 r/w 3(a) & 4(a) of explosives substances act and 4(1), 4(1a), 21 and 23 of the mines and minerals (development and regulation) act .....

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