Garnet Deposit is rare and deposited by sea waves and transported by wind to the adjacent patta land. It cannot be prevented, but the lessee has right to mine the wind deposit garnet within the lease area – Madras High Court Single Judge as well as Division Bench decided the same.
Replinishable Reserve Judgement
To establish illegal mining, measurement should be taken before the applicant- Mines Tribunal decided in its Final Order No. 03-2014 dated 15.01.2014.
Royalty is not for ROM only for mineral – Ministry of Mines Tribunal decided in its final order No. 36 of 2015 dated 25.03.2015.
Constituting committee without notification is illegal – Mines Tribunal decided in its Final order No. 14 of 2014 dated 27.01.2014.
For non furnishing of details amount violation of natural justice – Case Remand back by Mines Tribunal in Final order No. 13 of 2016 dated 18.01.2016.
For non furnishing of details amount violation of natural justice
Notice should be with clear cut allegation with relevant documents state has No right to interfere mining operation or refuse the permit – Mines Tribunal decided this in Final order No. 25/2012 dated 16.01.2012.
Government of India, Ministry of Mines Tribunal in its final order No. 725 of 2011 dated 29.11.2011 decided that, the Deputy Director of Mines is not competent to go beyond the lease granting order and the mining lease deed conditions.
Conditions not included in the order cannot be implemented 725-2011
The Honourable Supreme Court recently pass an order in CIVIL APPEAL NOS. 10373 – 10374 OF 2010 stating that, the State Govt., could not control the mineral trade or transportation to other states. Copy of the Judgement is given below.
Sand mining export to other others – state of gujarat vs jayeshbhari kanjibhai (1 March, 2019)
