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1 - 10 of 15 (0.23 seconds)The Karnataka Value Added Tax Act, 2003
Section 22 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]
Sharma & Co. And Ors. vs The State Of U.P. And Anr. on 16 April, 1975
"7. ......In the context of the Mines and
Minerals (Regulation and Development) Act, we have
no doubt that the word 'mineral' is of sufficient
amplitude to include 'brick-earth'. As already
observed by us, if the expression 'minor mineral' as
defined in the Act includes 'ordinary clay' and
'ordinary sand' there is no earthly reason why 'brick-
earth' should not be held to be 'any other mineral'
which may be declared as a 'minor mineral'. We do
not think it necessary to pursue the matter further
except to say that this was the view taken in Laddu
Mal v. State of Bihar, Amar Singh Modi Lal v. State of
Hariyana and Sharma & Co. v. State of U.P. We do
not agree with the view of the Calcutta High Court in
State of W.B. v. Jagadamba Prasad Singh, that
because nobody speaks of 'ordinary earth' as a
mineral it is not a minor mineral as defined in the
W.P.C. No.4415/13 & conn. Cases -26-
Mines and Minerals (Regulation and Development"
State Of West Bengal And Ors. vs Jagadamba Prasad Singh And Ors. on 30 July, 1968
"7. ......In the context of the Mines and
Minerals (Regulation and Development) Act, we have
no doubt that the word 'mineral' is of sufficient
amplitude to include 'brick-earth'. As already
observed by us, if the expression 'minor mineral' as
defined in the Act includes 'ordinary clay' and
'ordinary sand' there is no earthly reason why 'brick-
earth' should not be held to be 'any other mineral'
which may be declared as a 'minor mineral'. We do
not think it necessary to pursue the matter further
except to say that this was the view taken in Laddu
Mal v. State of Bihar, Amar Singh Modi Lal v. State of
Hariyana and Sharma & Co. v. State of U.P. We do
not agree with the view of the Calcutta High Court in
State of W.B. v. Jagadamba Prasad Singh, that
because nobody speaks of 'ordinary earth' as a
mineral it is not a minor mineral as defined in the
W.P.C. No.4415/13 & conn. Cases -26-
Mines and Minerals (Regulation and Development"
V.P. Pithup1Tchai And Anr vs Special Secretary To The Govt. Of Tamil ... on 30 April, 2003
After exhaustive analysis of the facts and
figures, the Bench made it clear in Som Datt Builders' case
(2010) 1 SCC 311 that, the decision rendered by the Apex
Court in V.P. Pithupitchai's case was a 'substance specific one',
wherein the power conferred upon the Central Government to
declare a substance as "minor mineral" in exercise of the power
under Section 3(e) of the MMDR Act, 1957 was not considered
and further that, it was a case where the Court was called upon
to determine the correctness of the High Court's opinion whether
a 'sea shell' was a limeshell within the meaning of Item 28 of the
Second Schedule to the MMDR Act, 1957. It was accordingly
concluded that, the said decision was not of universal application.
M/S Som Datt Builders Ltd vs Union Of India & Ors on 9 November, 2009
27. Considering the factual position involved herein as to
the nature of weathered rock/weathered sand, it is not a matter
of dispute that, 'weathered rock' which is stated as the raw
material for manufacturing 'weathered sand' does not form part
W.P.C. No.4415/13 & conn. Cases -28-
of the soil/subsoil of the earth. This of course is an item, which is
to be raised/won/excavated. It may be true that weathered rock,
because of the weathering process suffered already, may not be
fit enough to be made use of for constructions purposes. But it
denotes one of the different stages of "metamorphosis" in
connection with the 'rock/sand formation'. The Parliament having
already defined the term "minor mineral" under Section 3(e) of
the MMDR Act, 1957, with liberty to the Central Government to
issue notification so as to include any other item, and the Central
Government having issued Ext.R6(a) dated 3.2.2000 notifying
"ordinary earth" also as a "minor mineral", in view of the manner
of interpretation sought to be adopted by the Apex Court in
Banarasi Dass Chadha's case (1978 (4) SCC 11) and as
explained in the subsequent decision in Som Datt Builders' case
(2010 (1) SCC 311), this Court holds that, 'Weathered
rock/Weathered Sand' forms part of "ordinary earth" and is of
course a "minor mineral" defined under Section 3(e) of the
MMDR Act.