ANUVRAT VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Under Article 246 of the Constitution of India, Schedule 7 has been formulated and as per Entry 23 of the List 2 i.e. the State List, it deals with the State's prerogative of making Regulations of Mine and Minerals Development subject to the provisions of List-1, in respect of Regulations and Development, which are under the control of the union. Meaning thereby under Entry 23, the exception, which was only carved out with, regards to the Regulation and development, which fall under the control of the union, which is not the case at hand.

(2.) The State Government, while exercising its powers under Rule 87 of the Uttar Pradesh Mine and Minerals Rules of 1963 to be read with the Mine and Mineral Act, had formulated the Regulations by notifying the same in the Official Gazette on 30/4/2001. The then undivided State of Uttar Pradesh while exercising its powers under Sec. 15 Sub-Sec. (1) of Mine and Minerals (Development and Regulations) Act of 1957 had framed the Rules called as Uttar Pradesh Mine and Minerals Rules of 1963. The Rules thus framed by the State of Uttar Pradesh in 1963 on the creation of the State of Uttarakhand stood adopted by virtue of Sec. 87 of the Uttar Pradesh Reorganization Act of 2000 by Gazette Notification issued by the State Government being Gazette Notification No./.

(3.) Later on with the passage of time the aforesaid policy decision taken by way of formulation of Regulations were kept on modulating as per the requirement and situational need of the State, for the purposes of carrying out the excavation of mine and minerals in the territorial domain of the State of Uttarakhand and accordingly the Regulations were notified which would be subject matter of present writ petition, being a Notification No. 1582/VII-1/2017/31/17 dtd. 31/10/2017, which was formulated under the Mine and Minerals Act of 1957, while exercising its powers under Sec. 15(1) of the Act. What would be the subject matter of prime consideration, while dealing with the objection taken by the respondents pertaining to the grant of the interim order, would be the amended Clause 23 Sub Clause (1) of the Notification dtd. 31/10/2017 which is extracted hereunder:-