Law Of Mining And Land Use

2766 WordsMar 16, 201512 Pages
This Project has been submitted by Mr. Adithya Ramchandran Iyer ID No: 211020 On Law of Mining and Land Use Topic – ‘Manohar Lal Sharma v Union of India- A Watershed in ascertaining Propriety, Loss and Liability.’ During the Winter Semester 2014/15 Introduction Manohar Lal Sharma v Union of India marks a distinct point in Indian jurisprudence as the Supreme Court takes on and demolishes a number of theories under the traditionally untouchable domain of executive discretion. It reiterated that all executive functioning must derive legitimacy from statute and in exercise of such functioning, strict adherence to propriety and transparency are a must. In this context, the author undertakes to analyze the case in detail and…show more content…
However, Entry 23 is subject to Entry 54 of List 1 in terms of which Central Government is empowered to legislate in respect of mines and minerals. Generally, when both centre and states are competent to legislate on a matter, the central legislation wins over the states in case of a conflict. Section 4 of Mines & Minerals Act provides that all mining operations shall be under a licence. Under the Mineral Concession Rules of 1960, (‘Rules’), framed in exercise of powers under Section 13 of the Mines & Minerals Act, an applicant would first make an application to the relevant State Government. Thereafter, the applicant is required to submit the plan to the Central Government and once approved by Central Government, the applicant was entitled to licence from the State Government. The Mines & Minerals Act and the Rules provide for the grant of licence for operating in respect of mines and minerals stated under the Mines & Minerals Act. 1973, coal mining was nationalised in order to better coordinate the activity and also ensure scientific development of the area. Section 5(1) of the Coal Mines Act empowers Central Government, “through an order in writing, to vest the right, title and interest of an owner in relation to a coal mine a Government company.” Section 1A, added vide an amendment, allowed the Union to ‘take under its control the regulation
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