G.ROHINI, RAJIV SAHAI ENDLAW
Federation Of Indian Mineral Industries (Fimi) – Appellant
Versus
Union Of India – Respondent
Rajiv Sahai Endlaw, J.
1. These petitions under Article 226 of the Constitution of India have been filed seeking a declaration, that the amendments to Rule 24A(6) of the Mineral Concession Rules, 1960, brought about by the Notification dated 18th July, 2014 issued by the Ministry of Mines, Government of India and whereby Sub-rule (6) has been substituted, are prospective in nature and effect.
2. It is the case of the petitioners that:
(i) The grant and renewal of mining leases by State Governments, including the period thereof, is governed by Section 8 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and under Sub-section (1) whereof, the maximum period for which a mining lease will be granted shall not exceed 30 years and the minimum period shall not be less than 20 years; under Sub-section (2) thereof, mining lease is renewable for a period not exceeding 20 years; under Sub-section (3) thereof, if the State Government is of the opinion that in the interest of mineral development, it is necessary so to do, it may, for reasons to be recorded, authorize the renewal of mining lease in respect of minerals not specified in Part A and Part B of the First
Goa Foundation Vs. Union of India (2014) 6 SCC 590
Sri Vijayalakshmi Rice Mills Vs. State of A.P. (1976) 3 SCC 37
Soni Devrajbhai Babubhai Vs. State of Gujarat (1991) 4 SCC 298
Kalpnath Rai Vs. State (1997) 8 SCC 732
Shyam Sunder Vs. Ram Kumar (2001) 8 SCC 24
State of A.P. Vs. Ch. Gandhi (2013) 5 SCC 111
Ghulam Qadir Vs. Special Tribunal (2002) 1 SCC 33
State of Haryana Vs. State of Punjab (2004) 12 SCC 673
Kusum Ingots and Alloys Ltd. Vs. Union of India (2004) 6 SCC 254
Sanjeev Coke Manufacturing Company Vs. Bharat Coking Coal Limited (1983) 1 SCC 147
State of Andhra Pradesh Vs. K. Jayaraman (1974) 2 SCC 738
Central Bank of India Vs. Workmen AIR 1960 SC 12
Harishankar Bagla Vs. The State of Madhya Pradesh AIR 1954 SC 465
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