K.K.MATHEW, N.L.UNTWALIA, P.N.BHAGWATI
Rukmani Bai Gupta – Appellant
Versus
State Of M. P. – Respondent
Judgment
BHAGWATI, J.:- The Mines & Minerals (Regulation & Development) Act, 1957 (hereinafter referred to as the Act) divides minerals into two classes, namely, minor minerals and minerals other than minor minerals, which may, for the sake of brevity, be referred to as major minerals. The Act itself makes provisions in Sections 4 to 13 for regulating the grant of prospecting licences and mining leases in respect of major minerals but so far as minor minerals are concerned, grant of prospecting licenses and mining leases is left to be governed by rules to be made by the State Government under Section 15. The Madhya Pradesh Government, in exercise of the power conferred under Section 15, made the Madhya Pradesh Minor Minerals Rules, 1961 for regulating the grant of quarry lease in respect of minor minerals and for purposes connected therewith. These rules are ex hypothesi applicable only in relation to grant of quarry lease in respect of minor minerals. "Minor minerals" are defined in Section 3 (e) to mean building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the o
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