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Showing contexts for: encyclopedia in Sri Rohit Newar And Ors. Etc. vs State Of Assam And Ors. on 5 May, 2004Matching Fragments
9. The term "Minor Minerals" as defined in Section 2(e) of 1957 Act referred to above which has also been adopted in the 1994 Rules is quoted below :
"(e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed pur-poses, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral."
10. The Concise Oxford Dictionary, (10th Edition) defines "Silt." as fine sand, clay, or other material carried by running water and deposited as a sediment. The term "Clay" has been defined in Webster's Encyclopedia Unabridged Dictionary of the English language (New Revised Edition) as "1. a natural earthy material which is plastic when wet, consisting essentially of hydrated silicates of aluminum : used for making bricks, pottery, etc., 2. earth; mud. 3. earth esp. regarded as the material from which the human body was formed.
The word "Silt" has been defined in the said dictionary as "earthy matter, fine sand, or the like, carried by moving or running water and deposited as a sediment.
11. In the New Standard Encyclopedia (Vol. 4) the word "Clay" has been defined as an "earthy material composed of very small particles of weathered rock...........Dry clay is usually powdery and feels oily when rubbed between the fingers..........Clay consists of minerals............. Clay in small amounts is necessary for good soil. Clay serves to hold water and other substances that are necessary for plant growth. ..............A soil with too much clay is rock-like when dry and sticky when wet."
13. In the said encyclopedia, the "silt" has been referred to "Soil" under sub-title "Physical Properties : Texture". It refers to the fineness or coarseness of the soil. It is determined largely by the relative amounts of sand, silt, and clay particles in the silt. Sandy soils are the coarsest; clay soils are the finest and silt soils are intermediate. Most soils have sand, silt, and clay particles in various proportions. The encyclopedia further elaborates laying down the proportions of soils containing 7 to 27 per cent clay, 28 to 50 per cent silt, and less than 52 per cent sand. Such soils are called loams. Silt loams, sandy loams, sandy clay loams, etc. are soils with relatively higher percentages of sand, silt, or clay.
31. It has already been noticed above that the petitioners were accorded permission by notification dated 4-1 -94 to extract river sand from the river Brahmaputra which was followed by the order dated 27-12-96 permitting to carry "river Silt" from the bed of the River Brahmaputra. By yet another order dated 7-3-97 the petitioners were allowed to lift "Silts and sands". The definition of "Minor Minerals" includes amongst others ordinary clay and ordinary sand other than sand used for prescribed purposes. The intention of the authorities was to allow the petitioners to lift the river silt which includes the ordinary sand and ordinary clay. We have already considered the term "Silt" as explained in the New Standard Encyclopedia. According to which a reference has been made to soil with Sub-title Physical Properties : Texture. Texture refers to the fineness, coarseness of the soil. It is determined largely by the relative amount of sand, silt and clay particles in the soil. We have also noticed that silt soils are intermediate and that most soils have sand, silt and clay particles in various proportions. Soils containing less than 52% sand and called loams. Silt Loams, sandy loams, sandy clay loams etc. are soils with relatively higher percentage of sand, silt, or clay as indicated by the name. Halsbury's Laws of England (4th edition, Vol. 31) dealing with "particular minerals" has referred to numerous cases in which specific substances have been decided or assumed to be "Minerals" which include 'loam'. Its larger import cannot be reduced to limited confines of a chemical formula. Its precise meaning in a given case will have to be fixed with reference to the particular context and in relation to the surrounding circumstances of the particular case. When a word has many etymological meanings attributed to it, the same will have to be understood in the context in which it is used. The words take their colour from the context in which they are used.