Ayush Dubey, B.A. LL.B., Symbiosis Las School, Nagpur
ABSTRACT:
In this Research paper we shall be analysing various aspects of illegal mining in India, with special reference to the Judicial precedents which have a very significant impact over the issue. In India illegal mining is a very major challenge to Environment, Economic stability, and social welfare. Through this paper we will dive deep into analysing the impacts of illegal mining including Environmental degradation, social displacement and Economic disruptions. Furthermore, through this Paper we will also identify the Legal Regulatory frameworks governing the Mining sector and further we would analyse the legal provisions which specifically deals with the issue of illegal mining in India with special reference to the Mines and Minerals Development and Regulatory) Act of 1957.
Further in the Paper we would dive deep into also analysing the Judicial Precedents that had a very major impact over shaping and answering the current illegal mining problems. These cases include the landmark case of the Goa mining ban case and the Karnataka mining scam, the paper further evaluates the effectiveness of legal mechanisms in curbing the illicit mining practices. Through the analysis of the Judicial Precedents, we will try to look into the judicial approach towards the illegal mining problem and we would further analyse how the hon’ble courts interpret mining laws and adjudicate disputes. We will also review some classical literature that had a major impact in identifying and answering the issue of Illegal Mining.
The research also examines the difficulties in implementing mining laws, such as jurisdictional complexity, insufficient funding, and corruption. The paper's ultimate goals are to further our grasp of the complex regulations governing illegal mining in India and to influence policy discussions about how to improve accountability and governance in the mining industry. We would further conclude our Research Paper with a short summary with ultimate conclusion.
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