TATA PROJECTS LIMITED Vs. THE STATE OF MAHARASHTRA & ORS.
LAWS(BOM)-2017-11-172
HIGH COURT OF BOMBAY
Decided on November 08,2017

TATA PROJECTS LIMITED Appellant
VERSUS
The State Of Maharashtra, Through ... Respondents

JUDGEMENT

ANOOP V.MOHTA,J. - (1.) Rule. Rule is made returnable forthwith.
(2.) By consent, heard finally the learned Senior counsel appearing for the Petitioner and the learned AGP for the Respondents.
(3.) The Petitioner has invoked Article 226 of the Constitution of India by referring to the provisions of the Mines and Minerals (Development and Regulation) Act , 1957 (for short, "the Act") read with the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 and thereby prayed for declaration that the materials excavated by the Petitioner for the purposes of constructing the Mumbai Metro Underground Project ("the metro project") are not "minor minerals" contemplated as per Notification dated 3 February 2000, ("the notification"); and that the Petitioner is not liable to pay any "royalty" on such excavated earth. Therefore, prayed for the refund of the amount already paid, under protest.;


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