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2019 Supreme(Kar) 1661

ABHAY S.OKA, P.S.DINESH KUMAR
K. Thirumalesh S/o Late Kenchaiah – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Petitioner: Sri. R.G. Kolle, Adv.
For the Respondent: Sri. V.G. Bhanuprakash, Aga.

ORDER :

This group of petitions concerns interpretation of various provisions of the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘the said Rules’) and in particular Rule 8-B as well as a challenge to constitutional validity of sub-rule (1) of Rule 8-B. The Rules have been framed by the State Government in exercise of the power conferred by Section 15 of the Mines and Minerals (Development and Regulations) Act, 1957 (for short ‘the said Act of 1957’). Under Section 15, a power is vested in the State Governments of making Rules for regulating the grant of quarry leases, mining leases, or other mineral concessions in respect of the minor minerals and for the purposes connected therewith. Minor Minerals are defined in clause (e) of Section 3 of the said Act of 1957. There were extensive amendments made to the said Act of 1957 by the Act No.10 of 2015 and in particular, by incorporating Section 10A, with effect from 12th January, 2015. By the said Act, the Central Legislature sought to remove discretion in the manner of granting mining leases or quarry leases. With the object of eliminating the discretion and improving transparency in the allocation of mineral resources, au

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