Supreme Court · 2009 INSC 1225 · Decided 9 November 2009

M/S. Som Datt Builders LTD. v. Union of India & ORS.

Court
Supreme Court of India
Citation
2009 INSC 1225 · [2009] 15 S.C.R. 772
Case number
CIVIL APPEAL No. 2088/2007
Decided
9 November 2009
Bench
TARUN CHATTERJEE, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 136

Headnote

Mines and Minerals (Development and Regulation) Act, 1957- s. 30(e)- 'Ordinary earth' - Whether a mineral- Held: In view of s. 3(e) 'Ordinary earth' is a mineral - Hence rightly ~ ~ c declared to be 'minor mineral' by Government Notification. Uttar Pradesh Minor Mineral (Concession) Rules,, - Amendment of - Fixing royalty for use of 'ordinary earth'·@ Rs. 41- per cubic meter - Challenge to - Propriety of - Held: The party challenging it, having failed to D resort to remedies provided under the Rules, cannot challenge it later- Hence, High Court order upholding the

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