Back
K. R. SHRIRAM, SENTHILKUMAR RAMAMOORTHY
R. Thamaraiselvan – Appellant
Versus
Government of India Rep. by Joint Secretary to Government Ministry of Mines Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – Respondent
ORDER :
K.R.Shriram, C.J.,
Prayer : Petitions filed under Article 226 of the Constitution of India seeking
(i) in W.P.No.4110 of 2021 – a writ of Certiorarified Mandamus calling for the records relating to the impugned Tender-cum-Auction Notification in Roc.No.1113/2020 (Mines) dated 01.02.2021 published in English Daily 'Indian Express” dated 04.02.2021 and Tamil Daily “Dhina Mani” dated 04.02.2021 by the 3rd respondent herein, quash the same as unsustainable in law and consequently direct the respondents herein to strictly follow the statutory order passed by the 1st respondent vide his order No.16/4/2020-M.VI dated 03.06.2020 and the relevant rules in force in the matter of grant of quarry lease for quarrying granites in Government lands at Krishnagiri District;
(ii) in W.P.No.4772 of 2021 - a writ of Certiorarified Mandamus calling for the records relating to the impugned Tender-cum-Auction Notification in Roc.No.410/2016 (Mines) dated 18.01.2021 published in English Daily “The Hindu” dated 21.01.2021 and Tamil Daily “Dhina Mani” dated 21.01.2021 by the 3rd respondent herein, quash the same as unsustainable in law and consequently, direct the respondents herein tostrictly follow th
The State Government has the authority to regulate quarry leases under the MMDR Act, and notifications issued for such leases were valid despite the petitioner's claims.
The main legal point established in the judgment is that the executive instruction requiring the submission of an environmental clearance certificate for a quarry permit was contrary to the provision....
The court upheld the legality of mining leases under U.P. Minor Minerals Rules, clarifying that G.O. dated 31.5.2012 applies only to river bed minerals, as per G.O. dated 26.2.2013.
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....
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....
The Court holds that the administrative act of issuing a lease deed follows the grant of quarry lease upon satisfaction of conditions within stipulated timelines.
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
The State has the authority to amend rules for granting mineral leases under the 1957 Act, and such amendments do not create retrospective effects on pending applications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
