Back
B. R. SARANGI, G. SATAPATHY
Sgs Mines And Industries Pvt. Ltd, Jharkhand – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
Dr. B.R. Sarangi, J. - This is a writ petition, by means of which, a direction has been sought to the opposite parties to grant prospecting license to the petitioner-company for decorative stone (granite) over an area 19.90 Hectare in village-Gunthapada in the district of Ganjam, by declaring Rule-4(12) of the Odisha Minor Mineral Concession Rules , 2016 (OMMC Rules, 2016) as ultra vires to the provisions of Mines & Minerals (Development & Regulation) Act, 1957 (MMDR Act, 1957) and Article 19(1)(g) of the Constitution of India, so far as it relates to grant of prospecting license for Granite field under the provisions of Odisha Minor Mineral Concession Rules , 2004 read with Granite Conservation and Development Rules, 1999 (GCD Rules, 1999), and by further declaring Rule 4(4) of the OMMC Rules, 2016 as inconsistent with and repugnant to Rule-4 of the GCD Rules, 1999, so far as it prescribes reconnaissance permit prior to grant of prospecting license and Rule-4(12) renders applications for prospecting license prior to commencement of the Rules as ineligible, being ultra vires to Articles-14, 19(1)(g) and 21 of the Constitution of India.
2. To succinctly put, the factual mat
The jurisdiction under Article 226 is not available if alternative remedies exist, and exhausting statutory remedies is mandatory before judicial intervention.
The court ruled that amendments rendering pending applications ineligible violate constitutional rights, highlighting arbitrary treatment of applicants and the State's responsibility for delays.
The main legal point established in this judgment is that the State Government does not have the jurisdiction to frame rules regarding payment of differential royalty on minerals, as it falls under t....
Merely because Rule 15(1) and its proviso of 2017 Rules was mentioned in the order of the Commissioner would not make the Rule applicable. Wrong mention of a provision cannot make the provision appli....
Rights under mining law cannot be claimed without compliance to submission procedures; failure to submit in required format negates any accrued rights.
The Granite Rules, 1999 prevail over the Andhra Pradesh Minor Mineral Concession Rules, 1996 and the Andhra Pradesh Minor Mineral Auction Rules, 2022 in the event of repugnancy.
The court ruled that a recommendation by the State does not constitute a vested right or letter of intent under the MMDR Act, and the amended provisions apply prospectively.
Point of law : If there are any of disqualifications attached to any of these applicants, the same will have to be considered by the State Government. The factual inquiries as above cannot be appropr....
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
