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april 2010

Supreme Court of India · 2010-04-13

STATE OF JHARKHAND vs M/S MISRILALL JAIN & SONS AND ANR. ETC.

Citation / case number
SC 2007/33827
Court
Supreme Court of India
Petitioner
STATE OF JHARKHAND
Respondent
M/S MISRILALL JAIN & SONS AND ANR. ETC.

Judgment text excerpt

The Supreme Court upheld the Jharkhand High Court's decision to quash the State Government's Resolution dated June 17, 2005, which imposed enhanced surface rent on mineral lease holders, asserting that the Resolution was beyond the authority granted under the Mines and Minerals (Development and Regulation) Act, 1957, and the Jharkhand Minor Mineral Concession Rules, 2004. The Court emphasized that the determination of surface rent must adhere to the legal framework established by these statutes. Consequently, the demand notices issued to lessees were also invalidated, reinforcing the principle that administrative actions must align with statutory provisions.

STATE OF JHARKHAND vs M/S MISRILALL JAIN & SONS AND ANR. ETC. · Niyam