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november 2000

Supreme Court of India · 2000-11-24

STATE OF ORISSA vs UNION OF INDIA &ANR

Citation / case number
SC 1994/16016
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
UNION OF INDIA &ANR
Author
B.N.AGRAWAL G.B.PATTANAIK
Bench
B.N.AGRAWAL G.B.PATTANAIK

Judgment text excerpt

The Supreme Court held that the Railway Administration is not liable to pay royalty for minor minerals used in laying down the railway line, as the land was acquired and possession delivered to the railway, thus not conferring ownership rights over the minerals. The Court affirmed the High Court's finding that the minerals excavated are indeed minerals but ruled that the State cannot levy royalty on minerals from acquired land without a formal transfer deed. The judgment clarified the applicability of the Mines and Minerals (Regulation and Development) Act, 1957 and Orissa Minor Mineral Concession Rules, 1990 regarding mineral rights and royalty obligations.

STATE OF ORISSA vs UNION OF INDIA &ANR · Niyam