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J. B. PARDIWALA, R. MAHADEVAN
Salitho Ores Pvt. Ltd. – Appellant
Versus
Captain Of Ports – Respondent
ORDER :
W.P.(C) No. 715/2024:-
1. We have two interim applications before us. One filed by the Union of India seeking extension of time to take an appropriate decision as directed by this Court in the main Judgment and the connected interim application is at the instance of the original petitioners pointing out that the directions issued by this Court in the main Judgment have not been complied with by the Union of India so far.
2. Today, when the mater was taken up for hearing, Mr. Shailesh Madiyal, the learned counsel appearing for the Union of India brought to our notice the events that have taken place after the Judgment was passed by this Court.
3. In Para 4 of the affidavit filed on behalf of the Union of India, the following has been stated:-
SL. NO. Date Action
1. 12.11.2024 The petitioner in the matter, Kirloskar Ferrous Industries Ltd. sent a representation dated 12.11.2024 to this Ministry raising various grounds for applying the propo
The methodology for computing royalty under the MMDR Act is a policy decision, and courts should exercise restraint in reviewing such economic policies unless they violate constitutional provisions.
Royalty is a contractual obligation distinct from taxes; amendments to regulations cannot retrospectively apply to existing contracts unless explicitly stated.
Subordinate legislation must align with the parent Act; regulations exceeding authority are invalid. Royalty payment under mining laws can only be for minerals actually removed or consumed.
The demands raised by the Deputy Director of Mines were found to be unsustainable in the eye of law, in view of the law laid down in National Mineral Development Corporation Limited v. State of M.P.,....
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
Royalty, under the MMDR Act, is not a tax but a contractual consideration for mineral rights. State legislatures retain the power to tax mineral-bearing land, but this power is subject to any limita....
The court ruled that additional conditions in mining lease agreements can be imposed without central government approval, as they pertain to third-party claims and do not conflict with the interests ....
Only the Central Government can amend royalty rates under Section 9(3) of the MMDR Act, and demands for additional royalty based solely on audit findings lack legal basis.
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