MADAN B.LOKUR, SANJAY KISHAN KAUL, DEEPAK GUPTA
Federation of Indian Mineral Industries – Appellant
Versus
Union of India – Respondent
JUDGMENT
Madan B. Lokur, J.
1. This batch of petitions (including transfer cases/petitions) relate to the establishment of the District Mineral Foundation under the Mines and Minerals (Development and Regulation) Act, 1957 and the contribution required to be made to the District Mineral Foundation by the holder of a mining lease or a prospecting licence-cum-mining lease in addition to the payment of royalty.
Ordinance of 12th January, 2015
2. On 12th January, 2015 the President promulgated an Ordinance making several amendments to the Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘the MMDR Act’). We are concerned with only a few of these amendments which are detailed below:
(i) Section 9 of the Ordinance inserted Section 9B in the MMDR Act. This section provides that the State Government shall establish a non-profit trust called the District Mineral Foundation (for short ‘the DMF’) in any district affected by mining operations. The DMF shall have the object of working for the interest and benefit of persons and areas affected by mining related operations.
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