LexM/S. SOM DATT BUILDERS LTD. versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2009] 15 (ADDL.) S.C.R. 772
A
MIS. SOM DATT BUILDERS LTD.
v.
UNION OF INDIA & ORS.
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(Civil Appeal No. 2088 of 2007 etc.)
NOVEMBER 9, 2009
B
[TARUN CHATTERJEE AND R.M. LODHA, JJ.]
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
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c declared to be 'minor mineral' by Government Notification.
Uttar Pradesh Minor Mineral (Concession) Rules,, 1963
- First Schedule - 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 validity of fixing
of royalty, cannot be interfered with in exercise of jurisdiction
under Article 136 of the Constitution - Constitution of India,
•
1950 - Article 136.
E
Words and Phrases - 'Mineral'- Meaning of, in the context
of s. 3(e) of Mines and Minerals (Development and Regulation)
Act, 1957.
The question for consideration before this Court was
whether 'ordinary earth',,used for filling or leveHing
F purposes in the construction of embankments, roads,
railways, buildings, have validly been declared to be a
· 'minor mineral' by the Central Government vide
Notification dated 3.2.2000. issued u/s. 3(e) of Mines and
Minerals (Development and Regulation) Act, 1957; and
whether the amendment brought in First Schedule in Uttar
G Pradesh Minor Minerals (Concession) Rules, 1963, fixing
'
)'
royalty for the use of 'ordinary earth' at the rate of Rs. 4/-
'
per cubic meter.
...
Dismissing the appeals, the Court
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H
772
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SOM DATT BUILDERS LTD. v. UNION OF INDIA & 773.
ORS.
HELD: 1.1. The word 'mineral'. has not been
A
circumscribed by a precise scientific definition; it is not a
definite term. The proposition that the 'minerals' must
always be subsoil and that there can be no minerals on
the surface of the earth has also not found favour in judicial
interpretation of the word 'mineral'. The term imineral' has
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been judicially construed many a time in widest possible
amplitude and sometimes accorded a narrow meaning. Its
precise meaning in a given case has to be fixed with
reference to the particular con'text. The word 'mineral' is
not a word of art and that it is capable of multiplicity of
meanings depending upon the context and that the word C
'mineral' has no fixed but a contextual connotation. Any
natural material that is defined as a 'mineral' by statute or
case law may also be covered by the expression 'mineral'.
[Para 20] [785-E-G; 786-A]
1.2. In the context of Section 3{e) of Mines and Minerals
D
{Development and Regulation) Act, 1957, 'ordinary earth'
is comprehended within the meaning of the word 'any
other mineral'. If the expression 'minor mineral' as defined
in Section 3{e) of the Act includes 'ordinary clay' and
'ordinary sand', there is no reason why 'ordinary earth'
E
should not be comprehended within the meaning of the
word 'any other mineral'. [Para 22] (786-B-D]
Mis. Banarsi Dass Chadha and Brothers vs. Lt. Governor,
Delhi Administration and Ors. (1978) 4 sec 11, relied on.
V.P. Pithupitchai and Anr. vs. Special Secretary to the
F
Govt. of T.N. (2003) 9 SCC 534, distinguished.
Bhagwan Das vs. State of U.P. and Ors. (1976) 3 SCC 784;
State of M.P. vs. Mahalaxmi Fabric Mills Ltd. 1995 Supp (1)
SCC 642; State of West Bengal and Ors. vs. Jagadamba
Prasad Singh and Ors. AIR 1969 Cal 281, referred to.
G
Lord Provost and Magistrates of Glasgow vs. Farie (1888)
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LR 13 Appeal Cases 657; North British Railway Company vs.
Budhill Coal and Sandstone Company and Ors. (1910) AC
116; Scott vs. Midland Railway Company (1901) 1 Q.B. 317;
H
774
SUPREME COURT REPORTS [2009] 15 (ADOL) S.C.R.
A Great Western RailwayCompany vs. Carpal/a United China
Clay Company Limited and Anr. (1910) A.C. 83; Northern
Pacific Railway Company vs. John A. Soderberg 147 l Ed 575,
referred to.
Black's Law Dictionary (Eighth Edition), referred to.
B
1.3. Once the 'ordinary earth' is found to be
comprehended within the meaning of the word 'any other
mineral' for the purposes of Section 3(e) of the Act, 1957,
there is no impediment for the Central Government to
include or exclude the same based on a particular use or
c purpose. User can be a valid reason for exclusion as well
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