AI Overview...
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Minor Mineral Extraction Rules and Legal Framework - The Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 and 2015, govern the extraction of minor minerals, including provisions under Rule 46 and Sections 48(7) and (8) of the Maharashtra Land Revenue Code, 1966. These rules specify procedures, permissions, and penalties related to mineral excavation Abdul Wasif Abdul Latif VS State of Maharashtra, through Secretary, Revenue & Forest Department - Bombay, Paranjape Schemes (Construction) Ltd. VS State of Maharashtra, Through its Principal Secretary to thereafter Ministry of Revenue, Mantralaya - Bombay, P. S. C. Pacific VS State Of Maharashtra - Bombay.
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Section 48(7) of the Maharashtra Land Revenue Code, 1966 - This section is frequently cited in cases involving unauthorized excavation. Courts have quashed show-cause notices and orders issued under this section when excavations were for development or construction purposes, especially when valid permissions were obtained or amendments introduced (e.g., 2015 amendments). The courts emphasize that excavation for building foundations or infrastructure, with proper permissions, does not constitute illegal mining under this section Royale Urbanspace VS State of Maharashtra - Bombay, P. S. C. Pacific VS State Of Maharashtra - Bombay, P. S. C. Pacific VS State Of Maharashtra - Bombay.
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Court Decisions and Amendments - Judicial rulings have set aside notices and penalties for excavation deemed to be for development activities rather than commercial mineral extraction, especially when such activities were authorized or aligned with development permissions under the Maharashtra Regional Town Planning Act and related regulations. The 2015 amendments to the Maharashtra Minor Mineral Extraction Rules clarified the scope and applicability, reducing instances of unwarranted penalties P. S. C. Pacific VS State Of Maharashtra - Bombay, Paranjape Schemes (Construction) Ltd VS State Of Maharashtra - Bombay.
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Interpretation and Application - The courts have interpreted Section 48(7) as applicable primarily to unauthorized extraction. When excavation is for construction, foundation work, or infrastructure development with proper permissions, such activities are often exempt from penalties or deemed lawful. The courts have also considered amendments and notifications issued by the State Government to refine the application of these provisions BGR Energy Systems Limited VS Tahsildar, Saoner, Mouja Khaperkheda - Bombay, Paranjape Schemes (Construction) Ltd. VS State of Maharashtra, Through its Principal Secretary to thereafter Ministry of Revenue, Mantralaya - Bombay.
Analysis and Conclusion:
The legal framework surrounding minor minerals in Maharashtra, especially under Section 48(7) of the Maharashtra Land Revenue Code, 1966, emphasizes that authorized excavation for development and construction purposes is generally not considered illegal. Courts have consistently set aside notices and penalties when excavation activities are supported by valid permissions or fall within the scope of amendments aimed at clarifying the law. The 2015 amendments to the Maharashtra Minor Mineral Extraction Rules further reinforce this approach, promoting development while regulating mineral extraction activities.
Search Results for "Minor Mineral 48 7 Maharashtra Set Aside Development"
2022 0 Supreme(Bom) 152 • India - Bombay
S.J.KATHAWALLA, MILIND N.JADHAV
Royalty - Unauthorised Excavation - Maharashtra Land Revenue Code, 1966 - Section 48(7), Rule 46 of Maharashtra Minor Mineral ... Extraction (Development and Regulation) Rules, 2015 - The court quashed and set aside the show cause notices, hearing notice, final ... (7) of the MLR Code, especially when the excavated e....
2016 0 Supreme(Bom) 1751 • India - Bombay
VASANTI A.NAIK, SWAPNA JOSHI
Maharashtra Land Revenue Code, 1966 - Section 48(7) and (8)-Maharashtra Minor Mineral ... the provisions of Section 67 of the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013. ... ... Maharashtra Minor Mineral Extraction (De....
2017 0 Supreme(Bom) 851 • India - Bombay
VASANTI A.NAIK, A.D.UPADHYE
Illegal Excavation - Maharashtra Land Revenue Code - Section 48(7) - 3(e) of the Mines and Minerals (Development and Regulation ... (7) of the Maharashtra Land Revenue Code. ... ) Act - The court discussed the provisions of Section 48(7) of the Maharashtra Land Revenue Code and the notification issued under ... (#HL_....
2021 0 Supreme(Bom) 1771 • India - Bombay
S.J.KATHAWALLA, MILIND N.JADHAV
Excavation - Minor Minerals - M.L.R. ... Code, 1966 - The court quashed and set aside the impugned show-cause notices dated 14.03.2009 and 23/12/2009 and order dated 11.08.2010 ... Final Decision: The court quashed and set aside the impugned show-cause notices dated 14.03.2009 and 23/12/2009 and order ... On 11.05.2015, the State Government notified an amendment to the Maharas....
2021 0 Supreme(Bom) 1774 • India - Bombay
S.J.KATHAWALLA, MILIND N.JADHAV
The court also referred to the amendment to the Maharashtra Minor Mineral Extraction (Development and Regulation) (amendment) Rules ... Final Decision: The court quashed and set aside the impugned show-cause notice and demand notice issued by the Tahsildar, ... Code, 1966 and its applicability to excavation of minor minerals for construction purposes.....
2021 0 Supreme(Bom) 471 • India - Bombay
S.J.KATHAWALLA, MILIND N.JADHAV
, 1966 - Section 18 - Maharashtra Minor Mineral Extraction (Development and Regulation) (Amendment) Rules, 2015 - Rule 46(a)(i) - ... Minor Mineral Extraction (Development and Regulation) Rules, 2013 - Rule 46 - Mines and Minerals Act, 1957 - Writ Petition - Levy ... Maharashtra Land Revenue Code, 1966 - Section 48, ....
2021 0 Supreme(Bom) 1773 • India - Bombay
S.J.KATHAWALLA, MILIND N.JADHAV
minerals while laying down foundation and construction of basement pursuant to valid development permission. ... Finding of the Court: The Court found that the excavation was for development and construction purposes, not for commercial ... 7) of the MLR Code, 1966, and the cancellation of Mutation Entry. ... On 11.05.2015, the State Government notified an amendment to the Maharashtra Minor#HL....
2018 0 Supreme(Bom) 1302 • India - Bombay
R.M.BORDE, A.M.DHAVALE
Maharashtra Land Revenue – Rule 9 - Mines and Minerals (Development and Regulation) Act, 1957 - Section ... act alleged amounts to contravention of any provision, that would fall within ambit of Mines and Minerals (Development and Regulation ... 48(7) - Code of 1966 - Section 48(1) - Imposition of penalty for unauthorised transportation – Challenge - P....
2019 0 Supreme(Bom) 532 • India - Bombay
R.M.BORDE, N.J.JAMADAR
(Development and Regulation) Act, 1957 (hereinafter referred to as the said Act, 1957) and the Maharashtra Minor Mineral Extraction ... minerals - State Government in exercise of powers conferred by Section 15 has framed rules entitled Minor Mineral Extraction (Development ... Maharashtra Land Revenue Code, 1966 – Sections 3,3(e),15,4....
2010 0 Supreme(Bom) 1462 • India - Bombay
A.M.KHANWILKAR, R.M.SAVANT
REVENUE CODE - SECTION 48(7) - MINERALS - EXCAVATION - BUILDING FOUNDATION - ROYALTY - PENALTY - VALIDITY - INTERPRETATION - MINERAL ... permission under Section 45 /69 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act). ... after obtaining requisite permission for non-agriculture use as contemplated under Section 44 of the Revenue Code and building/ development ... In exerci....
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