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    <title>2006 (3) TMI 741 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=175186</link>
    <description>A delegated rule under the Mines and Minerals Act cannot extinguish subsisting sand quarrying leases and permissions forthwith where the parent statute requires an order and a reasonable opportunity of hearing before premature termination. The State&#039;s exclusive regulatory right to quarry sand was upheld, but the portion of Rule 38A that ended existing rights immediately without notice or hearing was inconsistent with the Act and could not stand in that form. The rule was saved only by reading it down so that existing leases continued according to the lease deed or for the remaining unexpired period, whichever was less, while non-leaseholders lost any right when the rule came into force.</description>
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    <pubDate>Fri, 24 Mar 2006 00:00:00 +0530</pubDate>
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      <title>2006 (3) TMI 741 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=175186</link>
      <description>A delegated rule under the Mines and Minerals Act cannot extinguish subsisting sand quarrying leases and permissions forthwith where the parent statute requires an order and a reasonable opportunity of hearing before premature termination. The State&#039;s exclusive regulatory right to quarry sand was upheld, but the portion of Rule 38A that ended existing rights immediately without notice or hearing was inconsistent with the Act and could not stand in that form. The rule was saved only by reading it down so that existing leases continued according to the lease deed or for the remaining unexpired period, whichever was less, while non-leaseholders lost any right when the rule came into force.</description>
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      <pubDate>Fri, 24 Mar 2006 00:00:00 +0530</pubDate>
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