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    <title>2009 (4) TMI 1027 - MADRAS HIGH COURT</title>
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    <description>Rule 38-B of the Tamil Nadu Minor Minerals Concession Rules, 1959 was upheld as a valid exercise of delegated power under the Mines and Minerals (Development and Regulation) Act, 1957, and not as a State law requiring Article 304 compliance. The Court held that the rule was not ultra vires Sections 15(1) and 23-C, because the statutory scheme authorised regulation of mineral transport and storage. It further held that &quot;regulation&quot; in Section 23-C is wide enough to include prohibition, and rejected the ejusdem generis contention. The restriction was also sustained on environmental protection and public trust doctrine grounds.</description>
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    <pubDate>Mon, 27 Apr 2009 00:00:00 +0530</pubDate>
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      <title>2009 (4) TMI 1027 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=284761</link>
      <description>Rule 38-B of the Tamil Nadu Minor Minerals Concession Rules, 1959 was upheld as a valid exercise of delegated power under the Mines and Minerals (Development and Regulation) Act, 1957, and not as a State law requiring Article 304 compliance. The Court held that the rule was not ultra vires Sections 15(1) and 23-C, because the statutory scheme authorised regulation of mineral transport and storage. It further held that &quot;regulation&quot; in Section 23-C is wide enough to include prohibition, and rejected the ejusdem generis contention. The restriction was also sustained on environmental protection and public trust doctrine grounds.</description>
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      <pubDate>Mon, 27 Apr 2009 00:00:00 +0530</pubDate>
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