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Thressiamma Jacob & Ors vs Geologist,Dptt.Of Mining & Geology ... on 8 July, 2013

"37. As held by the Apex Court in Thresiamma Jacob's case (supra), the provisions under the MMDR Act is a regulatory measure and despite the ownership of the sub soil being conferred on the owner of the property, it does Page 9 of 24 WP(C) 710/2024 not detract from the requirement for a lease/licence/permit to extract minor mineral like ordinary clay from such property. In case of extraction, even if made from land owned by private persons, the owner is obliged under Chapter III of KMMC Rules to get quarrying permit on the same conditions as in Chapter II of the said Rules and submit an attested copy of the same to the competent authority. Otherwise, the extraction of minerals made from such lands would also be illegal, in which event, it will be open to the State to invoke the provisions under sub-section (5) of Section 21 of the MMDR Act."
Supreme Court of India Cites 37 - Cited by 90 - Full Document
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