VidhiSangh

Supreme Court of India · 13/07/2026

KIRLOSKAR FERROUS INDUSTRIES LTD. AND ANR. versus UNION OF INDIA & ANR.

[2026] 8 S.C.R. 104 · 2026 INSC 679

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Summary

The Supreme Court upheld the Explanations to Rule 38 of the Minerals Concession Rules, 2016 and Rule 45(8)(a) of the Mineral Conservation and Development Rules, 2017, which bar deducting royalty, DMF and NMET payments when computing the sale value used for the average sale price of iron ore. It held that the Explanations prescribe only the measure of the levy, are a legitimate measure against evidenced manipulation of the average sale price, and do not breach Articles 14 or 19(1)(g) or Section 9 of the MMDR Act.

Issues

  1. Whether the Explanations to Rule 38 of the 2016 Rules and Rule 45(8)(a) of the 2017 Rules, so far as they include royalty, DMF and NMET payments in sale value, are ultra vires Section 9 of the MMDR Act read with Entry 24 of the Second Schedule (royalty at 15% of average sale price ad valorem).
  2. Whether the Explanations are manifestly arbitrary or discriminatory under Article 14, including in comparison with the treatment of coal, or an unreasonable restriction under Article 19(1)(g).
  3. Whether the writ petition was maintainable, and whether the petitioners were estopped by having taken part in the auction.
  4. Whether the method breaches the proviso to Section 9(3) of the MMDR Act, which bars enhancing the royalty rate more than once in three years.

Provisions considered

Held

Result

Writ petition dismissed; the Explanations to Rule 38 of the 2016 Rules and Rule 45(8)(a) of the 2017 Rules held constitutional and intra vires Section 9 of the MMDR Act; no order as to costs.

Judgment PDF: Supreme Court of India, [2026] 8 S.C.R. 104.