Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2016-04-04 partly_allowed

Common Cause & Ors vs Union of India & Ors

Bench: 2 — Jagdish Singh Khehar

In Brief

This judgment addresses whether 102 mining leaseholders suspended in 2014 for lacking environmental and other clearances retain subsisting mining rights and can resume operations. The Supreme Court clarified that a subsisting lease requires either an unexpired original grant or an unexpired renewal. The unamended Rule 24A(6) had permitted indefinite lease extensions while renewal applications were pending; the 2014 amendment capped this at two years. For first renewals validly applied before lease expiry, rights extended to 18.7.2016. Critically, lapse under Section 4A(4) is not automatic—it requires an express State Government declaration. The 2015 MMDR Amendment extended lease periods for existing miners facing hardship from pending renewals, but only if a valid renewal application had been made. Leaseholders who failed to apply for renewal within statutory timelines, or whose renewals were rejected, lost all subsisting rights and could not benefit from the new regime.

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Mining and Minerals Administrative Law Statutory Interpretation Lease and Concession Rights Constitutional Remedies Interim Relief and Suspension

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