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1 - 5 of 5 (2.03 seconds)Section 5 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Monnet Ispat And Energy Ltd vs Union Of India And Ors on 26 July, 2012
6. There is no case for the Government of Kerala that the
area covered by the nine applications pending have been notified
in terms of Section 17 A (2) under the Mines and Minerals
8
WP(C) Nos. 34345/2010, 34346/2010 &
5420/2011
(Development and Regulation) Act, 1957. It cannot therefore be
said that these areas have been reserved for being held by the
State Government for the purpose of mining and operation to the
exclusion of private entrepreneurs. {See: Monnet Ispat and
Energy Ltd. Vs. Union of India and others [JT 2012 (7) SC
50]}. The specific direction in Ext.P24 order is to reconsider
the nine applications in the light of the observations contained
therein particularly paragraph 9 thereof. A reading of Section
10 (3) of the Mines and Minerals (Development and Regulation)
Act, 1957 and Rule 63 A of the Mineral Concession Rules, 1960
throws light. The disposal of the application in terms of Rule 63
A of the Mineral Concession Rules, 1960 and facilitation to
private entrepreneurs in the National Mineral Policy, 2008 have
obviously been overlooked. The Government of Kerala has
already exercised its discretion in terms of the mining policy
then in vogue by recommending to the Government of India for
the grant of approval for mining lease. A rejection of the
applications allegedly on the basis of a changed policy at this
9
WP(C) Nos. 34345/2010, 34346/2010 &
5420/2011
distance of time after the Government of India has accorded
sanction for the grant of mining lease may not be justified. I am
afraid that the Government of Keala has not understood the
purport and import of Ext.P24 order of the remand in the correct
perspective.
Deepak Kumar And Others vs State Of Haryana And Others on 25 February, 2011
7. The Government of Kerala has a contention based on
Deepak Kumar and others Vs. State of Haryana and others
[(2012) 4 SCC 629] that environmental clearance has not been
obtained prior to the grant of mining lease from the Ministry of
Environment and Forest. But I find from Ext.P11 communication
of the Government of India and Ext.P12 order in relation to the
four applications that environmental clearance should be
obtained. The relevant clause therein is extracted here below.
Section 30 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
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