21 November 2022


Judgments

High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh

Coromandel Mining & Exports Pvt. Ltd. and Ors. v. Union of India and Ors.

MANU/AP/0643/2015

11.09.2015

Constitution

Telangana and AP High Court upholds amendments to mining law

The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreasonable and arbitrary. Assessing legislative intent, the court was of the opinion that Parliament had passed the amending act increasing the lease tenure of those engaged in mining operations in response to a shortage of raw materials for industry. It also upheld provisions of the amending act by which applications submitted prior to amendment were ineligible. Petitioners could not have a vested right in the grant of a prospecting licence, despite delay by authorities, as applications prior to amendment were explicitly made ineligible. Finally, challenge against constitutionality of legislation for vagaries in procedure adopted was dismissed by for not satisfying either of the two accepted grounds, lack of legislative competence or violation of fundamental rights; “There is no third ground”, the Court reminded.

Relevant

J.S. Yadav v. State of U.P. MANU/SC/0435/2011
State of Tamil Nadu vs. Hind Stone and Ors. MANU/SC/0394/1981
Section 10 Mine and Minerals (Development and Regulation) Act, 1957 Act Article 39 Constitution of India Act

Tags : Mining application eligibility constitutionality

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