P.K.GOSWAMI, K.K.MATHEW, N.L.UNTWALIA
Gorelal Dubey – Appellant
Versus
State Of M. P. – Respondent
Judgment-
UNTWALIA
( 1 ) THESE two appeals by special leave have been heard together as they originate from a common dispute between the parties. They are being disposed of by a common judgment and order.
( 2 ) TO provide for the regulation of mines and the development of minerals under the control of the Union of India. The Mines and Minerals (Regulation and Development) Act, 1957, Central Act 67 of 1957 - hereinafter referred to as the Act, was passed. In Section 3 of the Act clause (a) says; "minerals include all minerals except mineral oils". Clause (e) provides :
"minor minerals means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other minerals which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral;"
FOR the sake of convenience and to distinguish minor minerals from minerals, the minerals are generally called major minerals and will be described as such hereinafter in this judgment. Provisions of Sections 4 to 13 are applicable to the grant of any prospecting licence or a mining lease for a major mineral. In exercise of the power under Section 13, the Central Government
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