The central legal point established in the judgment is the interpretation of 'minor minerals' and 'ordinary earth' under the Mines and Minerals (Development and Regulation) Act, 1957, and related rules, and the classification of weathered rock/weathered sand as a minor mineral but not ordinary earth.

Shaffique, J.

These appeals have been filed by the petitioners in a batch of writ petitions which were disposed by the learned Single Judge holding that weathered rock/weathered sand forms part of 'ordinary earth' and is a minor mineral as defined under Section 3 (e) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred as the 'MMDR Act'). Similar relief has been claimed in WP(C) No.10758/2015.

2. The short facts involved in the writ petitions would disclose that petitioners who are manufacturers and dealers of weathered sand contended that it is not a 'minor mineral' as defined under the MMDR Act and therefore, the authorities under the Mining and Geology Department were not justified in refusing grant of valid 'P' forms for transportation of the above material. It is further contended that the transportation of weathered rock/weathered sand was being intercepted by police and revenue authorities for want of requisite pass from the Mining and Geology Department and hence writ petitions have been filed seeking appropriate directions to the police and revenue authorities from interfering with the transportation, manufacture and sale of weathered rock/weathered sand and in the alternative to direct the authorities in the Mining and Geology Department to issue necessary 'P' forms under the Kerala Minor Mineral Concession Rules (hereinafter referred to as the 'KMMC Rules').

3. The State filed a counter affidavit in W.P.(C) No.4415/2013, interalia contending that Weathered Rock/ Weathered Sand is a minor mineral and necessary pass is to be obtained for its transportation from the Mining and Geology Department. It is contended that Weathered Rock/ Weathered Sand would come under the category of 'ordinary sand as notified by the Central Government as per G.S.R.No.95(E) dated 3.2.2000.

4. The learned Single Judge after an elaborate consideration of the factual and legal issues involved in the matter opined that weathered rock/weathered sand is a minor mineral as defined under the MMDR Act, as it forms under the category of “ordinary earth”, which is notified as a minor mineral.

5. The appellants presently have no dispute regarding the fact that weathered rock/weathered sand is a minor mineral as defined under the MMDR Act and the Rules framed thereunder. Their only dispute is with reference to the finding of the learned Single Judge that it has to be categorized as “ordinary earth” which has been included as a minor mineral by the Central Government as per G.S.R.No.95(E) dated 3.2.2000, and by virtue of amendment to the KMMC Rules as per Government Order, GO (P) No.138/12/ID dated 17/11/2012.

6. It is contended by the appellants that the learned Single Judge has gone beyond the case set up by the appellants. The only question that was germane for consideration was whether weathered rock/weathered sand is a minor mineral or not. There was no reason or no contention urged that weathered rock/weathered sand comes under the definition of ordinary earth and there was no reason for any finding regarding the said fact. The appellants placed reliance on the counter affidavit filed by the Union of India, Ministry of Mines wherein they have opined that weathered rock/weathered sand has not been defined as minor mineral under Section 3(e) of the MMDR Act. According to them, they are only examining the scope of notifying weathered rock as a separate minor mineral and to include the same in the schedule to the MMDR Act.

7. Heard the learned counsel appearing for the appellants, learned Government Pleader appearing on behalf of State and its authorities and the learned standing counsel appearing on behalf of the Central Government.

8. Though it is contended by the learned counsel for the appellants that weathered rock/weathered sand is not a minor mineral, during the course of argument, it is submitted that they do not dispute the said fact especially on account of the judgment in Secretary, Kerala Granite