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1996 Supreme(SC) 1020

SUPREME COURT OF INDIA
BHUPATRAI MAGANLAL JOSHI
VERSUS
UNION OF INDIA
DECIDED ON: July 9, 1996

The permissibility of reservation of land for exploitation of mineral resources in the public sector under the relevant laws was upheld by the court.

Headnote:

reservation - mineral resources - The court upheld the reservation of land for exploitation of mineral resources in the public sector under the Mines and Minerals (Regulation and Development) act, 1957 read with the Mineral Concession Rules, 1960.

Fact of the Case:

The High Court considered the permissibility of reservation of land for exploitation of mineral resources in the public sector under the relevant laws and dismissed the writ petition filed by the appellant based on an earlier Division Bench judgment.

Finding of the Court:

The court found no ground to interfere with the judgment relied upon by the High Court and agreed with the reasoning and conclusions reached in the said judgment, leading to the dismissal of the appeal.

Issues: Permissibility of reservation of land for exploitation of mineral resources in the public sector under the Mines and Minerals (Regulation and Development) act, 1957 read with the Mineral Concession Rules, 1960.

Ratio Decidendi: The court upheld the reservation of land for exploitation of mineral resources in the public sector based on the interpretation of the relevant laws and the reasoning and conclusions reached in the earlier Division Bench judgment.

Final Decision: The appeal was dismissed with no costs imposed.

( 1 ) THE question before the High Court was whether the reservation of land for exploitation of mineral resources in the public sector was permissible under the Mines and Minerals (Regulation and Development) act, 1957 read with the Mineral Concession Rules, 1960. Relying upon an earlier Division Bench judgment, the High Court answered the question in the affirmative and dismissed the writ petition filed by the appellant. We have gone through the judgment relied upon by the High Court and find no ground to interfere. We agree with the reasoning and the conclusions reached in the said judgment.

( 2 ) THE appeal is, therefore, dismissed.

( 3 ) NO costs.

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