Supreme Court of India · 1966-10-03
GUJARAT POTTERY WORKS vs B. P. SOOD, CONTROLLER OF MINING LEASES FOR INDIA & ORS.
- Citation / case number
- SC 1964/90535
- Court
- Supreme Court of India
- Petitioner
- GUJARAT POTTERY WORKS
- Respondent
- B. P. SOOD, CONTROLLER OF MINING LEASES FOR INDIA & ORS.
- Author
- RAO, K. SUBBA (),HIDAYATULLAH, M.,SIKRI, S.M.,BACHAWAT, R.S.,DAYAL, RAGHUBAR
- Bench
- RAO, K. SUBBA (CJ),HIDAYATULLAH, M.,SIKRI, S.M.,BACHAWAT, R.S.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the period of the mining lease shall be 20 years from June 1, 1958, under the Mines and Minerals (Regulation and Development) Act, 1957, and its renewal will be regulated according to the law and rules in force. The Court clarified that the execution of a formal lease deed is distinct from the granting of a lease, which is sanctioned by the Controller. The term 'winning' in Article 31A(1)(e) was interpreted to mean 'getting or extracting minerals,' and the modifications made by the Controller were upheld except for the reduction of the lease period, which was adjusted to comply with the 1957 Act.