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DEVASHIS BARUAH
Amar Deka, S/o Ratna Kanta Deka – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. I Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. D Gogoi, the learned counsel appears on behalf of the respondent Nos.1 and 2; Mr. P Nayak, the learned counsel appears on behalf of the respondent No.3, 6 and 7; and Mr. S Baruah, the learned counsel appears on behalf of the respondent Nos.4 and 5.
2. It is the case of the petitioners herein that the petitioner No.1 is the owner of a plot of land measuring about 1 katha 5 lechas covered by Dag No.2384 of KP Patta No.1299 under Revenue Village Dharapur, Mouza - Ramcharani in the district of Kamrup(M) Guwahati. The petitioners intend to build a residential apartment over the said plot of land and for the purpose sought for permission before the Guwahati Metropolitan Development Authority (for short, the GMDA) by paying the requisite application processing fee.
3. The case of the petitioners herein is that the petitioners herein proposed to construct buildings for their own use and for that purpose have sought for permission from the from both the GMC and the GMDA and these authorities had made it a condition precedent for deposit of forest royalty for the grant of the necessary permission.
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Royalty obligations under the Assam Minor Mineral Concession Rules 2013 do not extend to private construction projects, only applying to government-related works.
Royalty obligations under the Assam Minor Mineral Concession Rules 2013 do not extend to private construction projects, only applying to government-related works.
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.
Contractors are liable to pay royalties only upon extraction of minerals, not based on purchasing, and may not be compelled to produce certificates without proper liability.
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....
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 validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
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