1. Royalty liability — Coal supplied to workmen for consumption — Section 9, Mines and Minerals (Regulation and Development) Act, 1957. (Para 2 )
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1998 Supreme(SC) 373
SUPREME COURT OF INDIA
NATIONAL COAL DEVELOPMENT CORPORATION LTD., APPELLANT
Versus
STATE OF ORISSA, RESPONDENT.
Civil Appeal No. 807 of 1976,
decided on December 5, 1991.
Interpretation of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957
Headnote:
Interpretation of Section 9 - Mines and Minerals (Regulation and Development) Act, 1957 - The court found no error in the High Court's interpretation of Section 9 of the Act, holding the appellant liable to pay royalty for coal supplied to its workmen for consumption prior to the amendment of Section 9 in 1972.
Fact of the Case:
The appellant appealed against the High Court's judgment and order regarding the interpretation of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957.
Finding of the Court:
The court found no merit in the appeal, upholding the High Court's interpretation of Section 9 and holding the appellant liable to pay royalty for coal supplied to its workmen for consumption prior to the amendment of Section 9.
Issues: Interpretation of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 9 of the Act as it existed prior to its amendment in 1972, holding the appellant liable to pay royalty for coal supplied to its workmen for consumption.
Final Decision: The appeal was dismissed, and the appellant was held liable to pay royalty for the coal supplied to its workmen for consumption prior to the amendment of Section 9.
Act Referred
Legal Category Hierarchy
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administrative law
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regulatory law
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mining law
- royalty payments (Para 2)
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mining law
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regulatory law
Table of Contents
2. Interpretation of Section 9, Mines and Minerals (Regulation and Development) Act, 1957 — Liability for royalty on coal supplied to workmen. (Para 2 )
3. High Court's interpretation of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957, prior to the 1972 amendment, found to be correct. (Para 2 )
4. Royalty is payable on coal supplied to workmen for consumption under Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957, as it existed pre-1972. (Para 2 )
5. Appeal dismissed — Appellant held liable to pay royalty for coal supplied to workmen for consumption prior to the amendment of Section 9. (Para 2 , 3 )
6. Is royalty payable on coal supplied to workmen for consumption under the pre-1972 version of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957?
Yes, the court held that royalty is payable for coal supplied to workmen for consumption based on the interpretation of Section 9 as it existed prior to the 1972 amendment. (Para 2 )
ORDER
1. This appeal is directed against the judgment and order of the High Court of Orissa dated 27-1-1976.
2. After hearing learned counsel for the parties, we find no merit in the appeal as we find no error in the High Courts interpretation of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957 as it existed prior to its amendment in 1972. The appellant is, therefore, liable to pay royalty for the coal supplied to its workmen for consumption prior to the pay royalty for the coal supplied to its workmen for consumption prior to the amendment of Section 9.
3. The appeal fails and is accordingly dismissed. There will be no order as to costs.
4. Interim order stands discharged.
