Supreme Court of India · 2010-04-13
State Of Jharkhand & Ors vs M/S Misrilall Jain & Sons And Anr. Etc
- Citation / case number
- AIRONLINE 2010 SC 291
- Court
- Supreme Court of India
- Petitioner
- State Of Jharkhand & Ors
- Respondent
- M/S Misrilall Jain & Sons And Anr. Etc
- Bench
- R. M. Lodha, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the Jharkhand High Court's judgment dated May 7, 2007, which quashed the State Government's Resolution dated June 17, 2005, regarding the collection of surface rent from mineral lease holders. The Court found that the Resolution was not in accordance with the Mines and Minerals (Development and Regulation) Act, 1957, and the Mineral Concession Rules, 1960, as well as the Jharkhand Minor Mineral Concession Rules, 2004. The Court held that the State Government lacked the authority to treat mining leases as commercial land for the purpose of surface rent assessment, thereby affirming the High Court's decision to allow the writ petitions filed by the lessees.