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2003 Supreme(SC) 1232

D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
HINDUSTAN COPPER LTD. – Appellant
Versus
State Of M. P. – Respondent


ORDER

1. These appeals are directed against the order dated 8-10-1997 passed f by the Division Bench of the High Court. The appellant filed writ petitions praying therein that Section 3 and the Table Part B Item 4 and Explanation (b) of the Madhya Pradesh Electricity Duty (Amendment) Act, 1986 (for short "the Act") may be struck down. The appellant is a government company, wholly controlled by the Union of India. The Malajkhand Copper Project in Madhya Pradesh is engaged in extraction of copper ores from the 9 captive mines of Madhya Pradesh. The mining process and other processes involve blasting of mines and then big pieces of copper ore are carried into dumpers to a unit called "primary crusher". The primary crusher is not located in the captive mines but is located at a distance of 2.53 kilometres away from the mines. It may not be necessary for us to narrate the facts in h detail in the view we propose to take. The main controversy that was requiredto be examined by the High Court was as to how the word "mines" is to be understood for the purpose of the Act as contained in clause (b) of the Explanation under Item 4 of the table contained in Section 3 of the Act. The appellant,








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