BANARSI DASS CHADHA & BROS. versus LT. GOVERNOR, DELHI ADMN. & ORS.

BANARSI DASS CHADHA & BROS. versus LT. GOVERNOR, DELHI ADMN. & ORS.

In the context of the Mines and Minerals (Regulation and Development) Act, 1957, the term 'mineral' is wide enough to include 'brick-earth'. If 'minor mineral' as defined in the Act includes 'ordinary clay' and 'ordinary sand', there is no reason why 'brick-earth' should not be so included once notified. The notification by the Central Government of brick-earth as a minor mineral was within its authority under Section 3(e) as brick-earth qualifies as a mineral in this context.

Parties
Appellant: Banarsi Dass Chadha & Bros.; Respondents: Lt. Governor, Delhi Administration & Ors.
Jurisdiction
India
Judgment Date
21 August 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Delhi High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Definition of Mineral, Minor Minerals Under Statutory Law, Interpretation of Section 3(e) of Mines and Minerals (regulation and Development) Act, 1957
Mineral Law Definition of Mineral Minor Minerals Under Statutory Law Interpretation of Section 3(e) of Mines and Minerals (regulation and Development) Act, 1957

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Parties

Banarsi Dass Chadha & Bros.

Appellant

Lt. Governor, Delhi Administration & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Delhi High Court

Legal Issues

  1. 1 Whether 'brick-earth' is a 'minor mineral' within the meaning of Section 3(e) of the Mines and Minerals (Regulation and Development) Act, 1957

Ratio Decidendi

In the context of the Mines and Minerals (Regulation and Development) Act, 1957, the term 'mineral' is wide enough to include 'brick-earth'. If 'minor mineral' as defined in the Act includes 'ordinary clay' and 'ordinary sand', there is no reason why 'brick-earth' should not be so included once notified. The notification by the Central Government of brick-earth as a minor mineral was within its authority under Section 3(e) as brick-earth qualifies as a mineral in this context.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.