NATIONAL ALUMINIUM COMPANY LTD Vs. STATE OF ORISSA
LAWS(ORI)-2021-1-8
HIGH COURT OF ORISSA
Decided on January 05,2021

NATIONAL ALUMINIUM COMPANY LTD Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

S.MURALIDHAR,J. - (1.) The National Aluminium Company Ltd. (NALCO) has filed this writ petition challenging the notice dated 22nd August, 2005 under Annexure-8, issued by the Deputy Director of Mines (DDM), Koraput Circle (Opposite Party No. 3) calling upon it to pay a sum of Rs. 60,83,616/- towards interest on the delayed payment of differential royalty for the period from September,2000 to February, 2003, as well as subsequent further reminder dated 5th April, 2006 for payment of the said sum, failing which steps were to be taken to realise the dues through certificate procedure under the Orissa Public Demands Recovery (OPDR) Act, 1962.
(2.) The background to the petition is that Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 ('the MMDR Act') provides for levy of royalties in respect of mining leases. In terms thereof, the holder of the mining lease has to pay royalty in respect of any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area, at the rate specified under the Second Schedule to the MMDR Act.
(3.) Under Section 9(3) of the MMDR Act, the Central Government has been empowered to issue a notification in the Official Gazette for the purpose of amending the Second Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date specified in the notification.;


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