GEORGE ANTONY Vs. GEOLOGIST

JUDGEMENT

(1.) The Kerala Minor Mineral Concession Rules, 1967 (hereinafter referred to as 'the Act', for short) provide for various regimes of licencing for the purpose of removal of various minor minerals.

(2.) As regards granite stones are concerned, until the year 2002, permits were granted under royalty to be calculated on the actual amount of extraction done. However, post Feb., 2002, when the Kerala Minor Mineral Concession (Amendment) Rules, 2001 came into force, a consolidated royalty regime is introduced under which the extraction of granite stones could be made unlimited, if royalty at a fixed rate is paid under Schedule-IV. The difference in regimes was that by paying a fixed royalty under Schedule-IV, the obligation to pay the royalty at the rates specified in Schedule-I was exempted.

(3.) The dispute in this question relates to the extraction of minor mineral when the regime changed.