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august 1961

Supreme Court of India · 1961-08-08

AMAR JYOTI STONE CRUSTING CO. vs THE UNION OF INDIA AND OTHERS

Citation / case number
SC 1961/158
Court
Supreme Court of India
Petitioner
AMAR JYOTI STONE CRUSTING CO.
Respondent
THE UNION OF INDIA AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the appellant did not prove its title to mineral rights under Section 42(2) of the Punjab Land Revenue Act, 1887, which presumes ownership of minerals to landowners only when a record of rights is produced. The refusal of the quarrying permit was upheld as it was based on valid grounds, including the land being designated as a controlled area under the Delhi (Control of Buildings) Act, 1955. The court concluded that the repeal of the 1955 Act did not entitle the appellant to a permit as no application was pending at that time.

AMAR JYOTI STONE CRUSTING CO. vs THE UNION OF INDIA AND OTHERS · Niyam