Court : Supreme Court of India
..... forest area as notified by the appropriate authority, alongwith the draft lease deed or a condition to that effect should be incorporated in the draft deed [section 2 of forest conservation act, 1980]., (k) for actual operation of quarrying or digging, ten (10) yards clear margin shall be kept from the outer boundary of the adjacent 1 plot or ..... ble high court. xx xx xx c.a. no.8238 of 2022 page 32 of 3717. raiyat land is to be used for cultivation, etc., and not for mining. once the mining activity is undertaken, the raiyats will not be able to use the land. in terms of sub-section (10) to section 2 of the wblr act, 1955, ..... 18. the exhaustive statement of objects and reasons reveals that the extensive amendment in the act were effected after extensive consultations and intensive scrutiny by the standing committee on coal and steel, who gave their report in may 2013. as is evident from the statement that difficulties were experienced because the existing act does not permit the auctioning of .....
Tag this Judgment!Court : Supreme Court of India
..... be expressed through an objective element in the form of negotiation or performance of the contract. iv. england 49. the english courts have generally taken a conservative approach to binding non-signatory parties to arbitration agreements. section 82(2) of the english arbitration act 1996 defines a party to arbitration agreement to include any ..... or under the signatory parties on the basis that the parties to the arbitration agreement had agreed that any dispute as to the beneficial title to the mining tenements would be determined by arbitration. since the third parties accepted the benefits of the agreement, it was held 112 [2019]. hca1387 part f that ..... ramana (as the learned chief justice then was) held that the amendment to section 8 rectified the shortcomings 123 uttarakhand purv sainik kalyan nigam ltd. v. northern coal field, (2020) 2 scc455100 part g pointed out in chloro controls (supra) with respect to domestic arbitration. he further observed that the issue of determination of .....
Tag this Judgment!Court : Supreme Court of India
..... of the provisions of the environment (protection) act, 1986.-. - - - - - - - - - - - - (e) misuse of rules:10. & 12 of mcdr, 1988 [mineral conservation and development rules, 1988]. which provides for modification and review of mining plan only for a specific purpose, namely, safe and scientific mining; conservation of minerals; the protection of environment; and in case of modification, explanation for the same. (i) (ii) (iii) (iv) w ..... approved under clause (b) of sub-section (2) of section 5 of the mmdr act.77. the mining plan may be modified in terms of rule 10 of the mcdr in the interest of safe and scientific mining, conservation of minerals or for protection of the environment. however, the application for modifications shall set forth the intended modifications and explain the reasons for .....
Tag this Judgment!Court : Supreme Court of India
..... timing and duration of rainfall; (vii) frequency and distribution of rainfall;(viii) climatic conditions; (ix) variety of crop and its stage of growth; and (x)water conservation of practices, etc., were taken note of.243. after referring to the irrigation and drainage paper no.25 on effective rainfall in irrigated agriculture published by the food and ..... planning and development of water resources for its disciplined and judicious utilization recognizes and accepts it to be scarce and valuable bounty of nature to be developed, conserved and put to planned use on an environmentally sound basis with due regard to 415 the needs of the state concerned. the policy, thus, sustains ..... that over- withdrawals made from an aquifer (i.e., water bearing rock formation) at rates in excess of the net re-charge are described as mining of groundwater as it lowers the groundwater level permanently to the extent these over-withdrawals are made thereby leading to serious problems. it noted that if such .....
Tag this Judgment!Court : Supreme Court of India
..... charge on 18.06.2017. said order recorded the earlier directions issued on 09.05.2017 with regard to the essential repairs and while constituting conservation committee and selection committee, following directions were issued:- 5. having given our thoughtful consideration to the rival contentions advanced by the learned counsel, we ..... senior advocate was appointed amicus curiae to assist the court. the learned amicus curiae in his report dated 01.11.2012 made suggestions with regard to conservation, renovation and restoration. during the course of his report, the learned amicus curiae made the following observations: civil appeal no.2732 of 2020 (arising ..... thr. lrs. & anr. vs. state of kerala and ors. 69 : co-ordinator : member survey of india (from its science/research wing). head of conservation department, national museum institute new delhi. director general of national museum and vice-chancellor, national museum institute new delhi. strong room/vaults/steel lining in the kallaras with .....
Tag this Judgment!Court : Supreme Court of India
..... the future generation would invite the danger of extra constitutional changes of the constitution. the state without the means of some change is without means of its conservation. without such means it might even risk the loss of that part of the constitution which it wished the most religiously to 82 preserve. [burke, recollections ..... of the citizens residing in the territory of india or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds ..... would most certainly advance the broader egalitarian principles and desirable constitutional goal of social and economic justice for all. [see : sanjeev coke manufacturing co. v. bharat coking coal ltd., (1983) 1 scc147 170. article 14 of the constitution of india corresponds to the last portion of section 1 of the 14th amendment of the american .....
Tag this Judgment!Court : Supreme Court of India
..... the only practical and reasonable manner of regulation. the statute with which we are concerned, the mines and minerals (regulation and development) act, is aimed, as we have already said more than once, at the conservation and the prudent and discriminating exploitation of minerals. surely, in the case of a scarce mineral, ..... to permit exploitation by the state or its agency and to prohibit exploitation by private agencies is the most effective method of conservation and prudent exploitation. if you want to conserve for the future, you must prohibit in the present. we have no doubt that the prohibiting of leases in certain cases ..... regulation may have a different meaning in a different context but considering it in relation to the economic and social activities including the development and excavation of mines, ecological and environmental factors including states contribution in developing, manning and controlling such activities, including parting with its wealth, viz., the minerals, the .....
Tag this Judgment!Court : Supreme Court of India
..... initiation of the process under the pmla, reference was also made to other acts, such as smugglers and foreign exchange manipulators act, 197693, fera or conservation of foreign exchange and prevention of smuggling activities act, 197494 and the 1962 act, being acts which would not subsist alone or by themselves without the ..... duress in strict sense) or by the threat of being killed, suffering some grievous bodily harm, or being unlawfully imprisoned (sometimes called menace, or duress per mines). duress also includes threatening, beating or imprisonment of the wife, parent or child of a person. . (emphasis supplied) 157. in another celebrated decision of this ..... footnote no.102 paras 19-21 & 27-28); mahanivesh oils & foods pvt. ltd. (supra at footnote no.104 paras 25-27, 33-35, 37 & 38- 39].; obulapuram mining company pvt. ltd. vs. joint director, directorate of enforcement, government of india, ilr2017kar 1846 (paras 5 & 10-12); ajay kumar gupta & ors. vs. adjudicating authority (pmla) .....
Tag this Judgment!Court : Supreme Court of India
..... and title of wb-hira of rera personnel; (v) installations of central services such as electricity, gas, water and sanitation, air- conditioning and incinerating, system for water conservation and renewable energy; (vi) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use; (vii) all community and ..... expedient in the public interest . the parliament subsequently enacted the mines and minerals (development and regulation) act, 1957 which contains the declaration envisaged by the latter part of entry 54 of the union list. the high ..... provisions of list i with respect to regulation and development under the control of the union . entry 54 of the union list deals with regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be .....
Tag this Judgment!Court : US Supreme Court
..... this ground, appellants may be assuming that the montana tax is, in fact, intended to reimburse the state for the cost of specific services furnished to the coal mining industry. alternatively, appellants could be arguing that a state's power to tax an activity connected to interstate commerce cannot exceed the value of the services specifically provided ..... that the montana tax substantially frustrates and impairs the policies. we cannot quarrel with appellants' recitation of federal statutes encouraging the use of coal. appellants correctly note that 2(6) of the energy policy and conservation act of 1975, 89 stat. 874, 42 u.s.c. 6201(6), declares that one of the act's purposes is ..... "to reduce the demand for petroleum products and natural gas through programs designed to provide greater availability and use of this nation's abundant coal resources." and 102(b)(3) .....
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