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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
DHIRAJ SINGH THAKUR, CJ., R. RAGHUNANDAN RAO, J
Federation of Minor Minerals Industry (femm) – Appellant
Versus
State of AP – Respondent
ORDER :
(R. Raghunandan Rao, J.)
Heard Sri Hari Sreedhar, learned counsel appearing for the petitioners, learned Advocate General appearing for the State and learned G.P. for Mines and Geology appearing for the other respondents.
2. The exploitation of mineral resources, in India, including development and regulation of mines and minerals, is regulated by the Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘the 1957 Act’). For the purpose of this Act, minerals have been segregated into minerals, notified minerals and minor minerals. Minor minerals have been defined under Section 3(e) in the following manner.
“3(e) “minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral;”
3. Section 15 of the 1957 Act empowers the State Government to make Rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for the purposes connected therewith. The State of Andhra Pradesh, in exercise of the powers conferred under Section
The State has the authority to amend rules for granting mineral leases under the 1957 Act, and such amendments do not create retrospective effects on pending applications.
The Granite Rules, 1999 prevail over the Andhra Pradesh Minor Mineral Concession Rules, 1996 and the Andhra Pradesh Minor Mineral Auction Rules, 2022 in the event of repugnancy.
Point of law: State Government have not so far issued any notification in terms of Section 17A, the Industrial Policy–2007 of the Kerala State Government does not have the effect of making a valid re....
(1) Lease of Government Land – There is no right vested over application made which is pending seeking lease of a Government land or over minerals beneath soil in any type of land over which Governme....
The court ruled that amendments rendering pending applications ineligible violate constitutional rights, highlighting arbitrary treatment of applicants and the State's responsibility for delays.
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
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