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august 2000

Supreme Court of India · 2000-08-08

QUARRY OWNERS ASSOCN. vs STATE OF BIHAR

Citation / case number
SC 1997/1275
Court
Supreme Court of India
Petitioner
QUARRY OWNERS ASSOCN.
Respondent
STATE OF BIHAR
Author
N.S.HEGDE A.P.MISRA
Bench
N.S.HEGDE A.P.MISRA

Judgment text excerpt

The Supreme Court addressed the delegation of power under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, concerning the fixation of royalty rates for minor minerals. The Court held that the guidelines established in D.K. Trivedi & Sons v. State of Gujarat must be adhered to, particularly that the royalty should not exceed 12% of the sale price at the pits mouth. The Court found the notifications enhancing the royalty rates issued by the State of Bihar to be ultra vires as they exceeded the permissible limits, thus striking them down.

QUARRY OWNERS ASSOCN. vs STATE OF BIHAR · Niyam