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Rangee (Lawyer)     08 August 2014

Constitution law

Dear Experts,

What is legal meaning of Principles of law of Abatement and what is relevant portion or article in the Constitution of India. In file before Government in grant of Mining lease, Government has accorded sanction the mining lease, which is Forest Land,   under Mineral Concession Rules 1960. As per Rule No. 31(1) of MCR lease agreement has be to executed with in 6 months from the date of sanction, as the land involved is Forest Land there is proviso under section 2 of Forest Conservation Act 1980 which is enacted with effect from 25-101980 post MCR Rules 1960.  It is mandatory on the part of grantee to obtain prior approval of GOI under section 2 of FC Act.  The prior approval under Forest Conservation Act may take more than 10 years.in that event whether the Six months period stipulated under Rule No. 31 (1) of MCR Rules 1960 stands abated. please clear my doubt and clarify,  what is the principles of law of Abatement with reference to articles of Constitution of India. The proviso of section 2 of FC Act 1980 are in contradiction with Rule No. 31 (1)  of MCR 1960. Thanks. 




 1 Replies

Isaac Gabriel (Advocate)     04 January 2015

It amounts to interpretaion to suit the occasion.

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