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Mar 24 2006

State of Tamil Nadu and anr. Vs. P. Krishnamurthy and ors.

Court : Supreme Court of India

Decided on : Mar-24-2006

Subject : EnvironmentCivil

Acts : Mines and Minerals (Development and Regulation) Act, 1957 - Sections 4, 4A, 4A(1), 4A(2), 4A(3), 15, 17, 17A and 24A; Madras River Conservancy Act, 1884; Mines and Minerals (Development and Regulation) (Amendment) Act, 1986; Tamil Nadu Minor Mineral Concession Rules, 1959 - Rules 1(3), 2(6), 8, 8A, 8C, 8(8), 8(11), 15, 36(1), 36(5) and 38A; Constitution of India

Reported in : AIR2006SC1622; JT2006(4)SC167; (2006)3MLJ313(SC); 2006(3)SCALE460; (2006)4SCC517

15 provides for absolute prohibition or regulation of quarrying or removal of sand from riverbeds to which Madras River Conservancy Act, 1884 has been extended and for regulating the quarrying or removal of sand from beds of river in charge … from terminating their leases by issuing a prior notice of six months as contemplated under Clause 11 of Appendix I of the Rules in so far as the Government lands are concerned.5. In the cases relating to … law.10. The Respondents contend that Rule 38A does not conform to Section 4A(3) of the Act. It is pointed out that Sub-section (3) of Section

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