TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) whether coal slurry collected from washery discharge deposited in a river bed or other land is coal or a mineral and whether its collection amounts to mining operations; (ii) whether the State of Bihar had authority to grant lease or settlement for collection of such slurry in view of the parliamentary declaration and the Mines and Minerals (Regulation and Development) Act, 1957; (iii) whether the appellant had ownership and consequential right to prevent collection of slurry from Plot No. 370, Sudamdih.
Issue (i): whether coal slurry collected from washery discharge deposited in a river bed or other land is coal or a mineral and whether its collection amounts to mining operations.
Analysis: The slurry was found to be coal in liquid form, retaining its carbonaceous character after escape from the washery and deposition on the river bed or land. The Court treated washery operations as an integral part of coal mining, since washing coal for sale is an ancillary process included within the concept of a mine. On that basis, the recovery of coal particles from the deposited slurry was held to be connected with winning of mineral and therefore within the statutory concept of mining operations.
Conclusion: The slurry was coal and a mineral, and its collection was treated as part of mining operations.
Issue (ii): whether the State of Bihar had authority to grant lease or settlement for collection of such slurry in view of the parliamentary declaration and the Mines and Minerals (Regulation and Development) Act, 1957.
Analysis: The Act contained a parliamentary declaration under Section 2 and conferred exclusive central control over conservation and development of minerals. The statutory scheme, especially Sections 13 and 18, covered disposal of waste slime, tailings and similar effluents from mines. The Court held that the field of regulation of waste discharged from coal washeries stood occupied by Parliament, and the absence of specific Central Government rules did not revive State legislative or executive competence. The State's executive power could not extend into a field from which its legislative competence had been excluded.
Conclusion: The State of Bihar had no authority to grant any lease or settlement for collection of the slurry.
Issue (iii): whether the appellant had ownership and consequential right to prevent collection of slurry from Plot No. 370, Sudamdih.
Analysis: The acquisition notifications under the Coal Bearing Areas (Acquisition and Development) Act showed that Plot No. 370 had vested in the Central Government and was thereafter transferred to the appellant's control. The record did not support the contrary claim that the plot belonged to the State. The appellant was therefore entitled to resist collection of slurry from that land by third parties.
Conclusion: The appellant was the owner of Plot No. 370 and the respondents had no right to collect slurry from it.
Final Conclusion: The impugned settlements were held illegal, the respondent-lessees were restrained from collecting the slurry deposits, and the writ petitions were ultimately allowed with consequential relief in favour of the appellants.
Ratio Decidendi: Once Parliament, by a valid declaration under the mines and minerals law, occupies the field of conservation and development of minerals including disposal of mine waste, the State cannot by lease or executive action authorise collection of coal slurry discharged from a washery, since such slurry remains coal and its recovery is part of the regulated mineral field.
TaxTMI 
