Most minerals are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan and West Bengal.

Constitution is a living organic document and must be interpreted in that spirit [Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 ; Navtej Singh Johar v. Union of India, (2018) 10 SCC 1]; constitutional silences have generally been used to step in where Constitution is silent or where there is a legislative vacuum [Vishaka v. State of Rajasthan, (1997) 6 SCC 241; Anoop Baranwal v. Union of India, (2023) 6 SCC 161]

– Hon’ble Chief Justice of India, Hon’ble Justice Dr. D.Y. Chandrachud, Mineral Area Development Authority v. M/s. Steel Authority of India, [Civil Appeal Nos. 4056-4064 of 1999].

In my view, State of West Bengal v. Kesoram Industries Ltd., (2004) 10 SCC 201 is per incuriam as it failed to follow India Cement Ltd. v. State of Tamil Nadu, (1990) 1 SCC 12 on basis of a “typographical error” in Paragraph 34 thereof where there was none. Judgments of Larger Benches cannot be questioned by Smaller Benches on basis of an imagined “typographical error“! State of West Bengal v. Kesoram Industries Ltd., (2004) 10 SCC 201 also lost sight of adverse impact its view would have.

– Hon’ble Justice B.V. Nagarathna, Mineral Area Development Authority v. M/s. Steel Authority of India, [Civil Appeal Nos. 4056-4064 of 1999].