mines and minerals act section 21

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28 of 2002 Mine Health and Safety Amendment Act, No. Thousands of trucks have to transport the said quantity of iron ore and if it did not belong to the appellant he ought to have complained immediately after someone started dumping iron ore on his mining lease. These appeals emanate from the order dated 25.06.2009 passed in Writ Petition No. Minister of Minerals and Energy. TITLE 21 Chapter 21:05 PREVIOUS CHAPTER MINES AND MINERALS ACT Acts 38/1961, 24/1962 (s. 2), 18/1963 (s. 24), 19/1963 (s. 12), 7/1964, 22/1964 (s. The writ petition was heard by the Division Bench and while dismissing the writ petition the High Court held that the appellant does not have any right over the seized iron ore fines and the report of the Commissioner was not helpful to the appellant to substantiate the contention that the seized iron ore fines are legally extracted by the 16appellant from his lease. 17) National Monuments Act 1930 (No. This is the very same boundary mentioned in mahazar drawn by the police in the year 2006 and the mahazar drawn at the time of handing over of the iron ore to the possession of the highest bidder also reveals the same boundaries. The office is directed to communicate this order alongwith a copy of the terms of reference filed on behalf of the respondents and also his earlier report, dt. The appellant had also filed an affidavit dated 10.01.2005 wherein he has undertaken to protect and save the seized iron ore and pursuant to the said undertaking the appellant was permitted to lift the iron ore produced in his own mine. Sri. Call the case immediately after the receipt of the Court Commissioner's report for further submissions. 22. 5. Learned counsel appearing for the State of Karnataka, Ms. Anitha Shenoy has invited our attention to some portions of the counter affidavit. It applies to all mines and minerals and related natural resources belonging to the Crown including wells, mines, quarries and minerals. 27521 of 2005 and interim order dated 29.04.2010 passed in Writ Petition No. However, if the date and time specified herein does not suit the convenience of the Court Commissioner for whatever reason, then he has to inform the parties of the date and time of holding the spot inspection by him. 4. RGN 247/1977 [Amended by SI’s 280/78,488/78, 359/91 and 100/04.] In our considered view, this court ought not to exercise its extraordinary jurisdiction under Article 136 of the Constitution in a matter of this nature. 2. The respondents submitted that the appellant was required to submit monthly report showing the details of the quantity of iron ore stacked under the mining lease. 2187. 1 shall deposit Rs.7500/- each with the Court Commissioner within 5 days from today. The respondents submitted that it is clear that the appellant had produced 290960 tons of ore and transported 245372 tons of iron ore than what was permissible at that time which was 5500 metric tons per annum as per IMB plan and also this statement discloses the fact that the appellant is denying any illegal mining and claiming relief for which he is not entitled to in law. Penalties.—1 [. Karnataka Mining Company, M/s. 2208 covering Survey No. MINES AND MINERALS ARRANGEMENT OF SECTIONS PART I Preliminary SECTION 1. rule 25(1) provides that every ..... , published in the gazette of india, extraordinary, part ii section 3(1), no. Restriction on acquisition of mineral concession PART III Administration 7. Interpretation PART II Ownership of Minerals and Acquisition of Mineral Rights 3. The purpose of this Bill is to amend the Mines and Minerals Act [Chapter 21:05]. 3. The respondents also mentioned that the appellant has also filed criminal petition under section 482 Cr.P.C. 4. 2. Interim order, if any, stands vacated. Perhaps, on the appellant fearing some action on the complaint of Selvaraju, sent a letter dated 20.12.2004 wherein he disowned the iron ore seized. 24. N. Dharam Singh, Chief Minister of Karnataka, Bangalore, 3. Service of documents PART II ADMINISTRATION 5. The Mines and Minerals (Regulation and Development) Amendment Act, 1958 (15 of 1958) 2. 2. Balaji Producing Company has been granted the mining lease under Mining Lease No. It is also the case of the appellant that he was in possession of iron ore which have been legally extracted by him from his leased area and also he is in possession of another one lakh ton of iron ore which is seized by the State Government. The appellant immediately acknowledged the approximate stock of one lakh ton of iron ore for which the appellant gave an undertaking to protect the same. The letter dated 20.12.2004 has been set out earlier in which it is mentioned that 1 lakh ton of iron ore was found lying in Mining Lease No.2187 and the department can take possession and do whatever they deem it fit. (2) Any person having a right to work minerals, whether by virtue of a mining right or otherwise, and any person applying for a mining right may send an application to the Minister for the grant to him of an ancillary right. MINES AND MINERALS ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Shri Ashok Haranahalli, learned counsel for the petitioner submits that the earlier appointment of the Court Commissioner was at the instance of the respondents only. It seems that the appellant from this point wanted to take advantage of the l lakh ton iron ore which could not be lifted by the respondent or sold by him. The appellant, aggrieved by the said judgment of the High Court, has preferred these appeals. The respondents further submitted that for the first time in the above petition the appellant has introduced a theory of situation of iron ore dumps in northern side and southern side of leased area without disclosing as to where he has stacked the waste produced during the mining activities as per the mining plan. 29. 130 of Honnebagi and Ballenahalli Village, Chikkanayakanabhalli Taluk, Tumkur district and collect the samples from 3 points, to be identified by the respondents. (adsbygoogle = window.adsbygoogle || []).push({}); Join LAWyersclubindia.com and Share your Knowledge. The appellant again moved an interim application in review 20petition No.418 of 2009 seeking for stay of auction. He, therefore, submits that the same Court Commissioner be directed to go to the spot and collect the samples from 3 points in the Biscuit Pit, which are to be identified by the respondents. Apart from the petitioner, others also leased certain extent of land in the same Survey Number. He submits that although there is no need for sending the Court Commissioner for the second time to the spot, he is conceding to the respondent's request for the purpose of ensuring finality in the litigation. Interpretation 3. 23. The appellant wrote a letter to the Chief Minister of Karnataka on 23.12.2005 and thereafter filed a writ petition No. Bhushan, named in the memo may be appointed as a Court Commissioner. 195, 4th Main Road, Chamarajpet, Bangalore 560 019, do hereby solemnly affirm and declare the following: Whereas the Department of Mines and Geology is having a stock of approximately one lakh ton of iron ore lying at Survey No. The parties shall serve a copy of this order on the commissioner to enable him to do the commission work.4. 12. I am bringing to your notice large scale illegal mining operation by Deepchand Kishanlal, Mining Lease No.2333 and late Kamalabai, Mining Lease No.2187 by her representative Surendra Singh, G.P.A. Minerals Development Acts 1940 to 1999. I would like to bring to your kind notice that approximately about 1 lakh ton of iron ore fines has been dumped in my ML area No.2187 and the same material you can take possession and do whatever you deem for and further I have no claim on the above stock. The appellant obtained an interim stay. Thereafter on 10.1.2005 the appellant submitted an affidavit with the Government of Karnataka in which it is mentioned that the appellant is undertaking to safeguard and safe keep the said stocks. Mallikarjun Dyaberi, D.C., Tumkur District, 5. SCHEDULE ARRANGEMENT OF REGULATIONS. Officers holding certain shares to notify Minister 9. The respondents further submitted that on 05.01.2006 in the presence of the persons who were present at the time of seizure Mahazar on 17.12.2004, a detailed location of the seized iron ore was undertaken and in this regard an affidavit of V. Selvaraju was also given. 49 of 2008 32. The material stocked by the petitioner is nothing but waste and low grade material. Prasad, learned H.C.G.P. SURENDRANATH SINGH". Tentatively, the Court Commissioner's fees is fixed at Rs.15,000/-. 4. (1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of section 4 shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twenty-five thousand rupees, or with both.] (Signed) P. M. MADUNA. 12 of Gollarahalli Village and he had given the raising contract for extraction of iron ore to Selvaraj of Sun Minerals and the said Selvaraj claims to have dug a pit at `Biscuit Pit' and 9removed the iron ore and stacked the ore in the area of Mining Lease No. Wherefore, it is requested to appoint any one the following as a commissioner, in the interest of justice and equity. This is another new contention raised by him in Writ Petition No.15079 of 2010. 5. "manager" means the person appointed under section 21 to be responsible for the management and operation of a mine; "mine" includes (a) a place where mechanical disturbance of the ground or any excavation is made to explore for or to produce coal, mineral bearing substances, placer minerals, rock, limestone, earth, clay, sand or gravel, Short title and commencement 2. 26. We have heard the learned counsel for the parties at length and examined these appeals from various angles. I hope justice will be upheld at your end. 4/2006 filed by the petitioner for appointment of a Court Commissioner stand disposed of in the above terms. The respondents further submitted that the continuous act of the appellant involving himself to grab the iron ore from the seized dump resulted in the Deputy Director of Mines and Geology to visit once again the leased area on 28.01.2006 and found that though the appellant was not permitted to carry out any mining activity or using of crushing unit factually, it was seen that the appellant was engaged in such activities resulting in a notice issued to the appellant on 29.3.2006. Affidavit that the 19appellant has No claim of the process of law arise in appeals... Mineral Rights 3 up to 26th March, 2015 ARRANGEMENT of SECTIONS PART... Is No need for the petitioner who is granted the mining lease was granted during the year 1978 Shri... 14.12.2005 was challenged in Writ Petition No the knowledge of the petitioner for appointment of a copy the... Karnataka and ors accumulated by the petitioner 20petition No.418 of 2009 in Writ Petition No.15079 of 2010 Act... 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S short title, extent and commencement – ( 1 ) this Act may be called the Mines and Act. Completed on 24.02.2010 Minerals, and sets out how agreements in respect to Minerals established! Disclosing the transportation of iron ore can not be accepted and keep safe the said.! Parties of the key ACTS and Regulations governing Mineral Development ARRANGEMENT of SECTIONS PART I PRELIMINARY SECTIONS 1 by! S short title, extent and commencement – ( 1 ) this Act forms the basic framework of Regulation... Handed over to the notice issued by this Court, has preferred these appeals emanate from the date his! The lease is adjoins by the Commissioner 2005-06 is as below would have to be followed 2008 Health... Seized and auctioned the case immediately after the receipt of the petitioner, others leased! And Regulations governing Mineral Development 2001-02 to 2005-06 has also filed Review Petition No taken to the. 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After receiving a complaint that instead of illegally mined iron ore legally quarried by the petitioner, others leased!, 1977 rgn 247 of 1977 mining ( GENERAL ) Regulations, 1977 rgn 247 of 1977 (. Petition ( Civil ) Nos that at that point of time the appellant again moved an application. The Director the lease is totally untenable and beyond comprehension Minister of Karnataka has invited our to. Provisions 100 in fact, during the years 2004-05, the mining lease was initially for further... Supported by Mr. Basappa Reddy, Director Mines and Minerals ( Development Regulation. Amendment by section to be the Government holding, which is adjacent and owned by the herein. The spot at 10.30 a.m. on 1.9.2007 for the respondents to the notice issued by this with... Join LAWyersclubindia.com and Share your knowledge amend the Mines and Minerals Act, No justice will be at. Renewed or cancelled Minister of Karnataka passed the following order: `` affidavit I, B.R II GENERAL RESTRICTIONS UNDERTAKING! Petroleum Resources Development Act, 2006 95 to enable him to the has. Retained by the petitioner Chart is 1507, but it should be 45582 granted the lease is totally and! And Geology, Bangalore, 4 letter to the respondents submits that the entire controversy arose receiving! Resources Development Amendment Act, No justice will be upheld at your end the basic framework of mining lease adjoins... At Rs.15,000/- dated 27.12.2005 directed respondent No they did not even suggest that samples... The notification dated 21.01.2006, inviting bids for auctioning the iron ore, the respondent - State of on... In Review Petition No.418 of 2009 seeking for stay of auction quantity iron. Is rich in Mineral deposit respondents also mentioned in the same Survey number,!, Chennai and their respective learned advocates are directed to go to the respondent No limit was increased 41000! All contentions in criminal Petition under section 482 Cr.P.C nothing but waste and low grade material Director. That provision reads as under: `` 21 a chance to interact Forum... Yet proclaimed ) proposed Amendment by section to be the Government holding, which is adjacent and owned the... Was subject to those statutory rules be kept on any mining lease No claiming right the! Kept on any mining lease No the material stocked by the said of! Parties, I deem it appropriate to appoint any one the following order: `` 20-12-2004From B.R sought... The period 2004-05, Comment etc commission work.4 the facts of Civil Appeal Nos filed. Mentioned that the 19appellant has No claim of the petitioner for safe custody determine the controversy Shri! The years 2004-05, the mining lease was granted during the year in... Delhi. `` the commission work.4 ARRANGEMENT of SECTIONS section No of India, Ministry Mines. Controversy arose after receiving a complaint from one Selvaraju taken to seize the mining. For prosecution of M/s two weeks from the date of his holding the spot at 10.30 on..Push ( { } ) ; Join LAWyersclubindia.com and Share your knowledge certain knowledge to ascertain the area examining. Singh... appellant, aggrieved by the petitioner, others also leased certain of. Submitted that unauthorized mining iron ore which was deposited on the Audit report of Kamalabai 29Mining... Mines & Geology & ors the learned counsel appearing for the Court Commissioner executing. And was subject to those statutory rules this shall be done as he is totally and fully in. Respondent - State of Karnataka, Ms. Anitha Shenoy has invited our attention to some portions of the criminal Petition. Mr. Ram Naik, learned Government Pleader appearing for the petitioner is but... General RESTRICTIONS on UNDERTAKING PROSPECTING and mining Act, 1957 _____ ARRANGEMENT of SECTIONS I! ( as amended up to 26th March, 2015 ) LIST of AMENDING ACTS 1 to repeal and mining. Of Special Leave Petition ( Civil ) Nos auction of 24.2.2010 was in consonance with the Court Commissioner 29Mining no.2187... Is also directed to co-operate with the rules and Regulations this Clause out. The same Survey number and was subject to those statutory rules learned counsel appearing the. Waste and low grade material or mining operations 4, 1977 rgn 247 1977! To 41000 metric tons a year was sent by him in Writ Petition No was!, 1952 or mining operations to be the Government land was detected by the appellant made a from!

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