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2013 Supreme(Bom) 955

V.M.KANADE, U.V.BAKRE
Salitho Ores Pvt Ltd. – Appellant
Versus
Captain of Ports Captain of Ports Department – Respondent


Advocates Appeared:
For the Petitioners:M.S. Sonak, J.P. Supekar, A.F. Diniz, Dhruv Mehta, Senior Advocate with Saket Sikri, Ms. Swati Kamat, Advocates.
For the Respondents:R1 to R3, M. Salkar, Government Advocate, R4, M. Amonkar, Central Government Standing Counsel.

Judgment :

(V.M. Kanade, J.)

1. All these Petitions can be disposed of by a common judgment since the Petitioners in these Petitions are challenging the vires of Notification dated 13/08/2009, amended Rule 64D of the Mineral Concession Rules, 1960 and are challenging the instruction dated 10/12/2009 which had been issued by Respondents on the ground that it is contrary to the proviso to section 9(3) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as “MMDR Act”).

2. Petitioners in these Petitions have been granted mining lease of various plots of lands mentioned in respective Petitions and pursuant to the said lease which has been granted, they have been carrying on mining activities and are selling ore of various grades. The royalty payable by Petitioners in respect of the said mining lease is covered by provisions of section 9 read with Second Schedule to the MMDR Act The contention of the Petitioners in these Petitions is that the said royalty which was payable prior to the amendment of Rule 64D was at a fixed rate. The grievance of the Petitioners is that on 13/08/2009, Notification was issued amending the Second Schedule to the MMDR Act

































































































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