J.S.VERMA, K.S.PARIPOORNAN, S.P.BHARUCHA
Gem Granites – Appellant
Versus
State Of T. N. – Respondent
JUDGMENT
BHARUCHA, J.- What has been urged in these writ petitions is that Rule 8-C, as amended by GOM No. 214 issued by the Government of Tamil Nadu on 10-6-1992, and Rule 38 of The Tamil Nadu Minor Mineral Concession Rules, 1959, are bad in law. The challenge is grounded on the provisions of sub-section (2) of Section 17-A of the Mines and Minerals (Regulation and Development) Act, 1957, which was inserted in the statute by Amending Act 37 of 1986.
2. Rule 8-C is in Section II of the said Rules, which deals with government lands in which minerals belong to the Government. The relevant portion of Rule 8-C, as amended, reads thus:
"8-C. Lease of quarries in respect of black, red, pink, grey, green, white or other coloured or multicoloured granites or any rock suitable for use as ornamental and decorative stones to a State Government company or corporation owned or controlled by the State Government.- (1)(a) Notwithstanding anything contained in these rules but subject to Rule 8-A and clause (b) of this sub-rule, on and from 10-6-1992, no lease for quarrying black, red, pink, grey, green, white or other coloured or multicoloured granites or any rock suitable for use as ornamental and
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