Case Note & Summary
The petitioners, a Labour Cooperative Society and its President, filed a writ petition challenging Clause 39 of Government Resolution dated 12.3.2013 which abolished reservation of sand Ghats for Labour Cooperative Societies. The petitioners sought quashing of that clause and restoration of reservation for four sand Ghats (Gosewadi 'A' and 'B' and Isapur 'A' and 'B') which had been reserved for Labour Cooperative Societies under a Circular dated 28.12.1974 issued under Rule 38 of the Maharashtra Minor Mineral Extraction (Vidarbha Region) Rules, 1966. The petitioners argued that the Mines and Minerals (Development and Regulation) Act, 1957 and the 1966 Rules provide for such reservation, and that Section 28 of the Act requires rules to be laid before Parliament, so the reservation cannot be altered by an executive Government Resolution. They also relied on earlier High Court orders in P.I.L. No.1/2011 and P.I.L. No.116/2012 which had protected similar reservations for Hathpati and Dubi sand workers. The respondents, State of Maharashtra and its officers, opposed the petition. The court held that the reservation provided under the statutory rules cannot be taken away by an executive Government Resolution. The court quashed Clause 39 of the Government Resolution dated 12.3.2013 insofar as it affects the reservation for Labour Cooperative Societies, and directed the State Government to restore the reservation for the petitioner Society and consider its application for allotment of sand Ghats in accordance with law. The petition was allowed with no order as to costs.
Headnote
A) Mines and Minerals - Reservation for Labour Cooperative Societies - Statutory Rules vs. Executive Policy - Clause 39 of Government Resolution dated 12.3.2013 purporting to abolish reservation of sand Ghats for Labour Cooperative Societies is ultra vires the Mines and Minerals (Development and Regulation) Act, 1957 and the Maharashtra Minor Mineral Extraction (Vidarbha Region) Rules, 1966 - The reservation provided under Rule 38 of the 1966 Rules and the Circular dated 28.12.1974 cannot be overridden by an executive Government Resolution - Held that the State Government must restore reservation for the petitioner Labour Cooperative Society and consider its application for allotment of sand Ghats (Paras 1-5).
Issue of Consideration
Whether Clause 39 of Government Resolution dated 12.3.2013, which abolished reservation of sand Ghats for Labour Cooperative Societies, is valid in light of the statutory reservation provided under the Mines and Minerals (Development and Regulation) Act, 1957 and the Maharashtra Minor Mineral Extraction (Vidarbha Region) Rules, 1966.
Final Decision
The petition is allowed. Clause 39 of Government Resolution dated 12.3.2013 is quashed and set aside insofar as it affects the reservation for Labour Cooperative Societies. The State Government is directed to restore the reservation for the petitioner Society and consider its application for allotment of sand Ghats in accordance with law. No order as to costs.
Law Points
- Reservation for labour cooperative societies under Rule 38 of Maharashtra Minor Mineral Extraction (Vidarbha Region) Rules
- 1966 cannot be taken away by executive Government Resolution
- Section 28 of Mines and Minerals (Development and Regulation) Act
- 1957 requires rules to be laid before Parliament
- executive instructions cannot override statutory rules
- directive principles of state policy under Part IV of Constitution support protection of weaker sections.
