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Supreme Court of India 2020-10-13 partly_allowed

CHOWGULE AND COMPANY PRIVATE LIMITED vs GOA FOUNDATION & ORS

Bench: 3 — S.A. Bobde, A.S. Bopanna, V. Ramasubramanian

In Brief

The Supreme Court addressed applications for extension of time filed by manganese and iron ore lessees in Goa to remove minerals excavated before 15 March 2018, and a clarification plea by the Goa Foundation. The Court rejected the argument that royalty must be paid before removal and held that royalty is payable at the time of removal under the MMDR Act. The Court declined to invoke Rule 12(1)(hh) (which allows confiscation after six months) as its earlier judgment had granted a fixed removal period. An applicant who did not appeal the original order was denied intervention. The lessees were granted extended time until end of January 2021 for mineral removal, subject to government verification of quantities, with the State retaining power to invoke confiscation if the deadline is missed."

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Mining and Minerals Administrative Law Statutory Interpretation Rule-making Power Lease Renewal Environmental Regulation

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