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2019 (4) TMI 944 - HC - Companies LawImposition of penalty - excavation of minor mineral, i.e., ordinary earth, without obtaining requite permission - Held that:- Evidently, the ordinary earth is not specifically defined as 'minor mineral'. However, the Central Government is empowered to declare any other mineral as a minor mineral. In pursuance of such power, the Central Government issued the Notification on 3rd February 2000 and thereby declared ordinary earth as a 'minor mineral'. The Supreme Court in the case of Promoters and Builders Association of Pune Vs. State of Maharashtra & Ors. [2014 (12) TMI 1342 - SUPREME COURT OF INDIA] , after analysing the provisions, contained in Section 48(7) of the Code of 1966 and the Notification dated 3rd February 2000 whereby the ordinary earth was declared as a minor mineral, observed in unequivocal terms that, “ordinary earth” used for filing or levelling purposes in construction of embankments, roads, railways, buildings to be a minor mineral in addition to the minerals already declared as minor minerals.” The ordinary earth does not fall within the meaning of the definition, “minor mineral”, as declared by the Notification, as it cannot be said to be for the purposes of filling or levelling in construction of embankments, roads, railways and buildings. The authorities, it seems, have proceeded on the premise that the very excavation of the ordinary earth was subject to levy of royalty de hors the use for which it was put to - In view of the plain language of the provisions especially the definition of “minor minerals” the action of the authorities cannot be sustained. Petition allowed.
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