As could be seen from the above, there is claim and counterclaim with regard to certain iron ore stacked on the petitioner's leased area. Interpretation PART II Ownership of Minerals and Acquisition of Mineral Rights 3. 49 of 2008 proposed amendments by Mineral and Petroleum Resources Development Amendment Act, No. Permanent
He submitted that the auction purchaser had purchased the entire iron ore and also lifted part of it and has already paid huge money to the respondent. Acquisition of mineral concession 6. If the issue is referred to Director, no justice will be done as he is totally and fully involved in this illegal act. even otherwise, as per section 21(5) of the mines and minerals (development and regulation) act, 1957, a person acting without any lawful authority is not permitted to find himself placed in a position more advantageous than a person raising minerals with lawful authority. The High Court by the order dated 27.12.2005 directed respondent No. The issue and matter is pending in the court. Act not to apply to petroleum 5. N. Dharam Singh, Chief Minister of Karnataka, Bangalore, 3. Mines and Minerals Act, 1931 ... 21.—(1) Any person to whom a mining right might be granted in respect of certain minerals may send an application to the Minister for the grant of such mining right in respect of such minerals. Authority required for prospecting or mining 6. No.2187 is under renewal and working permission granted by the Director. No. Functions of Inspectorate of Mines 103. 1 stating that the error has been rectified and appropriate action be taken in this regard. Act 703 Minerals and Mining Act, 2006 95. Many thanks, 1. Learned counsel appearing for the State of Karnataka, Ms. Anitha Shenoy has invited our attention to some portions of the counter affidavit. According to the appellant, the Deputy Director - the first respondent brought some people on 22.12.2005 who were interested in purchasing the iron ore, for which the first respondent herein actually showed the iron ore legally quarried and stacked by the appellant instead of showing the illegally mined iron ore lying within the borders of the appellant's leased land. 15079 of 2010 was dismissed as withdrawn reserving liberty to raise all contentions in Criminal Petition No.2104 of 2010. The Commissioner, after analyzing the chemical qualities of the iron ore found that the dump-in dispute stacked near the crusher in two lots was extracted from the Kamalabai pit (appellant) located in the area leased to the appellant i.e. The respondents submitted that at that point of time the appellant could legally mine upto to 5500 metric tons only in a year. 130 of Honnebagi Village, Chikkanaikanahalli Taluk. 418 of 2009 in Writ Petition No. 21 . It is the case of the appellant that after extracting the iron ore the appellant is required to submit a monthly report and the monthly report indicates the production and dispatch and remaining balance iron ore on the mining lease. I hope justice will be upheld at your end. Thereafter on 10.1.2005 the appellant submitted an affidavit with the Government of Karnataka in which it is mentioned that the appellant is undertaking to safeguard and safe keep the said stocks. Wilful damage prohibited 25 . In this regard, he undertakes to file the memo of instructions for the Court Commissioner. Persons observing, knowing or hearing of danger 23 . General principles for mining and minerals development PART II ADMINISTRATION 5. The illegal operation is done by the support of the Director Basappa Reddy who is getting Rs.200 per ton commission.I request you to stop this illegal mining. Officers holding certain shares to notify Minister 9. 28. Shri Ashok Haranahalli, learned counsel for the petitioner submits that the earlier appointment of the Court Commissioner was at the instance of the respondents only. PART II-OWNERSHIP OF MINERAL AND ACQUISITION OF MINERALS RIGHTS. Sri. It is submitted that unauthorized mining operation in the Government land was detected by the department authorities. The respondents further submitted that the averments in para 5.4 of the appeal are contrary to what is pleaded in para 5.1 of the appeals resulting in exposure of appellant's claim of the dumps. (DALVEER BHANDARI), .........................................J. SURENDRANATH SINGH". From the record of the case, it is quite evident that the appellant went on filing writ petition, review petition and the interim application challenging the third public notification resulting in a direction issued by the High Court for getting an inventory of quantity of iron ore lifted and to be lifted by the successful bidder and surveyed by the Deputy Director of Mines and Geology. According to the respondents, to accumulate 1 lakh ton of iron ore, one has to use thousands of vehicles for transportation and accumulation. Rights to minerals vested in the President PART II MINING RIGHTS GENERALLY 4. He, therefore, submits that the same Court Commissioner be directed to go to the spot and collect the samples from 3 points in the Biscuit Pit, which are to be identified by the respondents. 4. 15. 67 of 1957) (As amended up to 26th March, 2015) LIST OF AMENDING ACTS 1. 20 Nigerian Minerals and Mining Act Functions of the Minister. Singh. 7. (Arising out of SLP(C) Nos. Copy of the statement disclosing the transportation of iron ore from the years 2001-02 to 2005-06 has also been produced with the reply. TITLE 21 Chapter 21:05 PREVIOUS CHAPTER MINES AND MINERALS ACT Acts 38/1961, 24/1962 (s. 2), 18/1963 (s. 24), 19/1963 (s. 12), 7/1964, 22/1964 (s. Thereafter, he filed a Review Petition No.418 of 2009 in writ petition No. The office is also directed to prepare the necessary warrant in this regard and issue the same to the court commissioner. No.3317) has been rejected by the Government. 130 of Honnebagi Village an area of 58 acres is leased in favour of the petitioner. Mallikarjun Dyaberi, D.C., Tumkur District, 5. The concerned officials of the respondents, who were present on the spot, did not object to the Court Commissioner collecting the samples from the two points in the Biscuits Pit. At this juncture, the appellant withdrew his Criminal Petition No.2104 of 2010 seeking liberty to file criminal revision petition before the District Court, Tumkur challenging the order of the learned Magistrate dated 30.03.2010 and he has filed criminal revision petition before the District Judge, Tumkur against the order of the learned Magistrate dated 30.03.2010 alleging that the order passed by the learned Magistrate was one behind his back. Thousands of trucks have to transport the said quantity of iron ore and if it did not belong to the appellant he ought to have complained immediately after someone started dumping iron ore on his mining lease. Thus, according to the respondents, when the appellant himself is not sure of the iron ore stated to be illegally mined by him, the appellant cannot seek any relief from this court. They did not even suggest that more samples be collected from other points in Biscuit Pit. 29 of 1996 S. 26 of Act No. 3. 35. The petitioner who is granted the lease is adjoins by the land retained by the State Government. The respondent filed a criminal complaint on 25.2.2006 before the Chikkanayakanahalli Police against six persons including the appellant for having indulged in illegal mining activities and committed theft of iron ore and the same was registered in Criminal No.20 of 2006 for an offence punishable under section 21 of The Mines and Minerals (Development and Regulation) Act, 1957 and under section 379 of the Indian Penal Code. 34. The notification dated 14.12.2005 was challenged in writ petition No.27521/2005 by the appellant. metres of a railway, or which isthe site of, or within fifty metres of, any government or public building, reservoir, dam or public road; (d) that is subject to the provisions of the National Commission for Museums and Monuments Act… Short title, extent and commencement. 17) National Monuments Act 1930 (No. I would like to bring to your kind notice that approximately about 1 lakh ton of iron ore fines has been dumped in my ML area No.2187 and the same material you can take possession and do whatever you deem for and further I have no claim on the above stock. 27521 of 2005 before the High Court of Karnataka at Bangalore with the prayer to issue a writ of mandamous restraining the respondents from auctioning the iron ore fines stacked in Survey No. 23. The respondents further submitted that the appellant has invented entirely a new story alleging that somebody has 23illegally mined and stacked the iron ore in his leased area without his knowledge. 28 of 2002 Mine Health and Safety Amendment Act, No. act just referred to above and was subject to those statutory rules. 3. Purchase of mercury 97. 22023-22024 of 2010), B.R. BANGALORE DATED 10/012005 B.R. Karnataka Mining Company, M/s. 24. The relevant portion of the undertaking is reproduced as under: "AFFIDAVIT I, B.R. No.2187 and 2333. The said writ petition was dismissed on 25.06.2009. 12 of Gollarahalli Village and he had given the raising contract for extraction of iron ore to Selvaraj of Sun Minerals and the said Selvaraj claims to have dug a pit at `Biscuit Pit' and 9removed the iron ore and stacked the ore in the area of Mining Lease No. Powers of Director and authorised officers. The Mines and Minerals (Regulation and Development) Amendment Act, 1958 (15 of 1958) 2. 5. Minerals Development Act 1999 (No. P.S. The same was declined by the court. In fact, during the years 2003-2004, the appellant has transported huge quantity of iron ore and so also for the period 2004-05. Apart from the petitioner, others also leased certain extent of land in the same Survey Number. (section 5 was re‑numbered as sub‑section (1), and sub‑section (2), added by Act 10 of 1945, s. (Signed) P. M. MADUNA. Section 21 of The Mines and Minerals (Development and Regulation) Act, 1957 and u/ s 379 of the IPC. At your end leased in favour of mines and minerals act section 21 mining Department by the judgment... Amendment Act, 1958 ( 15 of 1958 ) 2 reply has been filed on behalf of respondents -,! Samples be collected from other points in Biscuit Pit field condition by section to be amended S. 16 of No! Of 2011 Arising out of SLP ( C ) No and fully involved committing! Forms the basic framework of mining lease was granted during the year in. 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