K.P.Enterprises rep. by v. The District Collector. País/Territorio India Tipo de la corte Nacional - corte superior Fecha Ene 31, 2003 Fuente UNEP, InforMEA Nombre del tribunal Madras High Court Sede de la corte Madras Juez PADMANABHAN., E. Idioma Inglés Materia Recursos minerales Palabra clave Minería Gestión de desechos Transporte/depósito Resumen The writ petitioner was granted mining lease to quarry black dimensional granite Stone owned by the State of Kerala. The petitioner is transporting coloured dimensional black granite to different places in the state of Tamil Nadu, Andhra Pradesh etc., after paying necessary seinerage fee to the State of Kerala with permits issued by the Department of Mining and Ge ology, Trivandrum District. The Tahsildar, intercepted the lorry on near Sankari R.S. Despite the lorry driver producing the documents the Tahsildar seized the vehicle with the granite block and imposed a penalty being the cost of minerals and five times seigniorage fee on the premise that the granite has been illicitly quarried and liable to pay segniorage fee to this State under Tamil Nadu Rules. The petitioner has contended that the respondent has no jurisdiction. The provisions of Tamil Nadu Minor Mineral Concession Rules has no application, the petitioner is in valid possession of the granite blocks by virtue of the lease granted in his favour under the Kerala Minor Mineral Concession Rules, 1967, therefore the imposition of penalty in respect of the granite block transported in the course of inter state movement is illegal and without jurisdiction. The respondent stated that the petitioner did not produce the despatch slip, as required Under Rule 8(5)(b) of the Tamil Nadu Minor Mineral Concess ion Rules, 1959, at the time of inspection by the Tahsildar. So, it was assumed that the transportation is illegal and illicit one. Being an inter-State movement, the Court considers it is a misconception to assume that the Tamil Nadu Minor Mineral Concession Rules applies and enforce seigniorage fee and penalty as well. The Tamil Nadu Rules has no application and Tamil Nadu State has no authority or right to impose or collect royalty in respect of black granite which is admittedly of Kerala origin. Nor, penalty could be levied. Under Section 13, the Central government has the authority to frame rules regulating grant of prospecting license and mining leases. There is no power conferred upon the State Government under the of the Mining and Mineral (Regulation and Development) Act, 1957 to exercise control over minor minerals after they have been excavated. The power of the State Government, as the subordinate rule-making authority, is restricted in the manner set out in Section 15. Therefore the order impugned deserves to be quashed and accordingly it is quashed and the writ petition is allowed. Texto completo COU-155957.pdf Página web www.indiankanoon.org