Judgement of the Supreme Court of India regarding provisions contained in Sections 21, 22 and other sections of Mines and Minerals (Development and Regulation) Act, 1957, 04/09/2014

  • 04/09/2014

Sand mining without the state consent is a violation of the MMDR Act, 1957 said Supreme Court in this 71-pages landmark judgement by the bench consisting of Justice M.Y. Eqbal and Pinaki Chandra Ghose. The violations were observed to be criminal under Indian Penal Code (IPC). 

Judgement of the Supreme Court of India in the matter of State of NCT of Delhi Vs Sanjay dated 04/09/2014 on whether the provisions contained in Sections 21, 22 and other sections of Mines and Minerals (Development and Regulation) Act, 1957 operate as bar against prosecution of a person who has been charged with allegation which constitutes offences under Section 379/114 and other provisions of the Indian Penal Code. In other words, whether the provisions of Mines and Minerals Act explicitly or impliedly excludes the provisions of Indian Penal Code when the act of an accused is an offence both under the Indian Penal Code and under the provisions of Mines and Minerals (Development and Regulation) Act.

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