Joy Scaria v. N v Paul
Case brief
What is this about?
The High Court of Kerala modified a Single Judge judgment clarifying that a quarrying lease for minor minerals can be granted to a non-Indian national if they obtain prior Central Government approval under Rule 26 of the Kerala Minor Mineral Concession Rules, 2015.
What did the court decide?
The impugned judgment is modified to clarify that prior Central Government approval enables a non-Indian national to apply for a quarrying lease under Rule 26 of the KMMC Rules.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
WA.No. 2271 of 2017 IN WPC. 33499/2016
AGAINST THE ORDER/JUDGMENT IN WP(C) 33499/2016 of HIGH COURT OF KERALA DATED 23-06-2017
APPELLANT(S)/6TH RESPONDENT:
JOY SCARIA, PULIKKUNNEL HOUSE, POOVATHODE P.O, BHARANANGANAM, KOTTAYAM DISTRICT 686 578
BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR
RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 TO 5 & 7:
1. N. V. PAUL
Issues for consideration
2 issues framed by the court
Whether the prior approval of the Central Government is required to grant a quarrying lease in respect of minor minerals to a person who is not an Indian national under Rule 26 of the Kerala Minor Min
Whether the finding that Central Government approval is ultra vires the MMDR Act, 1957 requires clarification in light of Rule 26.
Parties & counsel
- appellant
JOY SCARIA
- respondent
N. V. PAUL
- respondent
K.T THOMAS
- respondent
TOM THOMAS
- respondent
STATE OF KERALA
- respondent
Case details
As recorded by the court registry
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