Supreme Court of India · 1989-12-07
RAOJIBHAI JIVABHAI PATEL AND ORS. ETC. ETC. vs STATE OF GUJARAT AND ORS. ETC. ETC.
- Citation / case number
- SC 1985/66922
- Court
- Supreme Court of India
- Petitioner
- RAOJIBHAI JIVABHAI PATEL AND ORS. ETC. ETC.
- Respondent
- STATE OF GUJARAT AND ORS. ETC. ETC.
- Author
- E.S. () VENKATARAMIAH
- Bench
- E.S. (CJ) VENKATARAMIAH
Judgment text excerpt
The Supreme Court upheld the validity of the notification issued by the Government of Gujarat under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, which amended the Gujarat Minor Mineral Rules, 1966, to impose a royalty on minor minerals. The Court clarified that the levy of royalty does not impose restrictions on the freedom of trade under Article 304(b) as it is enacted by the Central Government, not the State Legislature. The Court emphasized that while arbitrary actions by administrative authorities can be challenged, the statute conferring such powers remains valid.