M/s Pankaj Kumar Rai Vs. State of Madhya Pradesh & Others
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WRIT PETITION, 7798 of 2017, Judgment Date: Oct 12, 2017
Law Laid down -
In the light of series of decisions of the Supreme Court, it is well settled that the provisos of the Statutes have to be read as a whole by giving harmonious construction to all the provisions of the law so that none of the provision is rendered redundant. Keeping in view the principle of harmonious construction, the third proviso to Rule 68(1) of M.P. Minor Mineral Rules, 1996 is additional relaxation to Rule 4 and 68(1) of the said Rules.
Further, in the light of scheme of Statute and the purpose of M.P. Minor Mineral Rules, 1996 that there should not be any illegal extraction of minerals and all minerals should be royalty paid, we find that third proviso to Rule 68(1) is neither illegal nor enlarges the scope of proviso to than that of Rule 68 or any other provision of the Rules.
The Order of a Full Bench of this Court in WP No.4547/2016 (M/s Phaloudi Constructions vs. State of M.P.) passed on 10.5.2016 is overruled.
M/s Pankaj Kumar Rai Vs. State of Madhya Pradesh & Others