Supreme Court of India · 2003-07-07
PANYAM CEMENTS & MINERAL INDUSTRIES LTD. vs UNION OF INDIA .
- Citation / case number
- SC 1987/68242
- Court
- Supreme Court of India
- Petitioner
- PANYAM CEMENTS & MINERAL INDUSTRIES LTD.
- Respondent
- UNION OF INDIA .
- Author
- RUMA PAL
- Bench
- RUMA PAL & B.N. SRIKRISHNA
Judgment text excerpt
The Supreme Court addressed the appellant's claim for a refund of excess royalty paid under the Mines and Minerals (Regulation and Development) Act, 1957, specifically under Section 9. The Court held that the appellant was entitled to a refund for the period prior to the 1972 amendment, which altered the royalty payment structure. The Court ruled that the appellant had overpaid royalty based on the notifications issued by the Central Government, thus establishing the principle that excess payments made under statutory provisions can be reclaimed.