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RAVI RANJAN, SUJIT NARAYAN PRASAD
D. M. Minerals Private Limited, through its Director Shantanu Joshi, son of Ram Gopal Joshi – Appellant
Versus
Union of India through Secretary, Ministry of Mines – Respondent
JUDGMENT :
[Sujit Narayan Prasad, J.]
1. Both these writ petitions since having the same issue, as such, have been heard together and are being disposed of by this common judgment/order.
2. Both the writ petitions have been filed under Article 226 of the Constitution of India praying for the following reliefs :
(b) Upon declaring that part of notification no. Kha.Ni.(Niti)- 04/2018-1509/M dated 16.09.2019 published in the Jharkhand Gazette Extraordinary no.730 dated 19.09.2019 as unconstitutional an ultra vires be further pleased to quash and set aside the same and consequently restrain the respondents from giving effect to or acting pursuant to
The Mines Tribunal has the authority to determine lease terms for mining operations under statutory provisions, affirming that statutory leases are bound by the same conditions as contractual ones, i....
Administrative authorities must apply the principle of equality under Article 14, ensuring consistent and fair treatment, particularly in cases of similar circumstances and rights related to governme....
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
The judgment established the principle that granting substantial mining rights without transparency and at significantly lower royalty rates compared to prevailing market rates is unjust and violates....
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