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Collection of Rent on Surface Area to be decided afresh

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Constitution - Resolution treating entire land for the purposes of determination of surface rent as the lease for commercial purposes - Competence of State to issue Resolution - Whether the State Government Competent to issue Resolution increasing collection of surface rent on the area of mining leases at par with the land under commercial?
Citation :
State of Jharkhand & Ors. Versus M/s. Misrilall Jain & Sons & Anr. Etc. (Decided on 13.04.2010) MANU/SC/0248/2010


Held, no challenge as to legislative competence of the Parliament to enact 1957 Act or to the competence of the Central Government to make 1960 Rules or to the competence of the State Government to make 2004 Rules. Resolution dated 17th June, 2005 issued by the State Government as an executive order. High Court not clear about the said legislation. Observation by Division Bench that State Government not competent to issue resolution of surface rent carried the impression as if resolution was issued by State Legislature. Aspects germane for consideration overlooked by High Court and irrelevant aspects taken into consideration. Not necessary to go into merits and diverse contentions. Controversy relating to resolution to be considered afresh By High Court. Appeals Allowed.



  


 
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Published in Constitutional Law
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