Kochi, July 18: In a landmark judgment, the Kerala High Court has declared the Kerala Minerals (Vesting of Rights) Act, 2021 unconstitutional, ruling that several of its provisions violate fundamental constitutional protections. The verdict is expected to have far-reaching implications for mineral rights, mining regulation, and land ownership across the state.
A Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Preetha A. held that the legislation infringes Articles 14, 19, 21, and 300A of the Constitution. The court observed that the Act failed to provide a constitutionally valid basis for the State to vest ownership rights over certain minerals, making the law legally unsustainable.
The judgment arose from a series of appeals filed by landowners and mining operators challenging the validity of the Act. Petitioners argued that the legislation unfairly deprived private landowners of mineral rights without adequate constitutional safeguards or compensation. After examining the provisions of the Act, the High Court agreed with the petitioners and struck down the legislation.
As part of its ruling, the court directed the State Government to refund royalty amounts collected under the invalidated Act from the affected appellants. It also set aside an earlier judgment that had upheld the law’s constitutional validity and dismissed the State Government’s appeals defending the legislation.
The verdict is likely to impact ongoing mining operations, mineral leases, and future resource management policies in Kerala. Legal experts believe the ruling reinforces constitutional protections relating to property rights and clarifies the limits of legislative authority in regulating mineral ownership. The decision may also influence similar disputes in other states involving mineral rights and land acquisition.
The Kerala Government is expected to study the judgment in detail before deciding its next course of action, which could include filing an appeal before the Supreme Court or introducing revised legislation consistent with the constitutional principles outlined by the High Court. Until then, the ruling stands as one of the most significant legal decisions affecting Kerala’s mining and geology sector in recent years.
News as reported
