HC strikes down Kerala Vesting of Minerals Act as unconstitutional

The Kerala High Court has declared the Kerala Minerals (Vesting of Rights) Act, 2021, as unconstitutional, finding that the State legislature was unqualified to enact the legislation. The court held that the Act violated Article 300A of the Constitution, which protects a person against deprivation of property. The court also directed a refund of the royalty paid by the petitioners aggrieved by the Act.

The legislation was enacted in 2021 to vest all mineral rights in the Malabar region with the State. The landowners were required to pay royalty on the granite extracted from their quarries. They approached the court challenging this requirement and claiming refund of the royalty hitherto collected. They contended that the State could not claim ownership unless there was a specific legislation vesting such rights. They also argued against the State’s competence to pass the legislation.