Supreme Court of India
Promoters and Builders Association of Pune v. The State of Maharashtra & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
For the aforesaid reasons all the appeals are allowed, E however, with the direction that in the cases of the appellant builders the respondent-State will be at liberty to proceed further in accordance with the observations contained in this order if it is so advised.
Judgment, page 13
From the headnote
Maharashtra Land Revenue Code, 1966: s.48(7) - Imposition of penalty - Whether the ·excavation activity even for the purposes of laying foundation of the building would attract rigours of s.48(7) of the Code - Held: Ordinary earth has been brought within the fold of a Minor Mineral by Notification of 3.2.2000 issued u/s.3(e) of the Act of 1957 - In terms of the said Notification, "ordinary earth" used for filling or levelling purposes in construction of embankments, roads, railways, buildings is deemed to be a minor mineral - An excavation undertaken to lay the foundation of a building would
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