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1 - 10 of 65 (0.65 seconds)Section 15 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Section 21 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Section 4 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Common Cause, A Registered Society vs Union Of India & Ors on 3 August, 1999
61.The claim of the petitioner that the demand was made from 15.01.2016
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W.P.Nos.26808 of 2019 and batch
to 10.01.2017 was not correct was denied by the respondents. The petitioner had
actually carried on mining operations over an extent of 18.11.5 Hectares in
Varagupadi Village, Kunnam Taluk, Perambalur District from 24.10.1993 without
obtaining Environment Clearance. The respondents therefore justified the
issuance of the demand notice, impugned in the writ petition, towards cost of
minerals and the quantum of limestone mined and transported without
Environment Clearance for the period from 2000-2001 based on the base year
production of 1993-94 as directed by the Hon'ble Supreme Court of India in the
matter of Common Cause Vs. Union of India and others.
Article 141 in Constitution of India [Constitution]
Section 8A in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
216.Mr.T.Ramesh, learned counsel relied on the judgment in AIR 1978 SC
851 (Mohinder Singh Gill and others Vs. The Chief Election Commissioner,
New Delhi and others) for the proposition that public orders cannot be construed
in the light of explanations subsequently given by the officers. With due respects,
I hold that the impugned notices speak for themselves. There is reference to the
judgment of the Hon'ble Supreme Court of India in Common Cause (referred
supra). There is reference to the notification of the Ministry of Environment,
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W.P.Nos.26808 of 2019 and batch
Forest and Climate Change (MoEF) and the period, for which the demand is made
and the amount demanded. No further details are required. Therefore, there is no
occasion to expand the impugned notices in the counter affidavits.