GEM GRANITES Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) What has been urged in these writ petitions is that Rule 8-C, as amended by C5. O. M. No. 214 issued by the Government of Tamil Nadu on 10th June, 1992, and Rule 38 of the Tamil Nadu Minor Mineral Concession Rules. 1959. arc bad in law. The challenges is grounded on the provisions of sub-section 2 of Section 17-A of the Mines and Minerals (Regulation and Development) Act, 1957, which was inserted in the statute by Amending Act 37 of 1986.

(2.) Rule 8-C is in Section II of the said Rules, which deals with Government lands in which minerals belong to the Government. The relevant portion of rule 8-C, as amended, reads thus :

(3.) It is an admitted position that the approval of the Central Government was not obtained to Rule 8-C as amended on 10th June, 1992, either before or after that date.