- (1.) Leave granted.
(2.) In these appeals the State of Tamil Nadu impugns the judgment and order dated 23rd December, 1992 of a Division Bench of the High Court at Madras whereby Rules 8D and 19B and a part of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959, ("the said Rules") made under the provisions of the Mines and Minerals (Regulation and Development) Act, 1957, ("the said Act") were struck down as unconstitutional. The Government Orders by which these provisions were introduced into the said Rules were also quashed in part. A direction was issued to the appellant-State to permit the respondents herein, being the petitioners upon whose writ petitions the judgments and orders were passed, to carry on quarrying operations and transport the material quarried without reference the aforementioned Rules, subject to the payment of royalty and seigniorage.
(3.) Rule 19A. Prior to 10th June, 1992, Rule 19-A read thus : "19-A. Permission for quarrying black, pink, red, grey, green and other coloured granites and any other rock required for use for decorative and ornamental purposes in ryotwari lands :- (1) Notwithstanding anything to the contrary contained in Section III to these rules the authority competent to grant permission for quarrying black, pink, red, grey, green and other coloured granties and other rock required for use for decorative and ornamental purposes in ryotwari lands shall be the State Government. The application shall be in the form specified in Appendix III to these rules : Provided that the quarrying permission for the minerals above in ryotwari lands shall be granted only to an applicant who is having an existing industry in Tamil Nadu or distinct industrial programme to use the mineral in his proposed industry in Tamil Nadu : Provided further that the permission holder for quarrying the above mineral shall remove or transport the mineral from the specified land after payment of area assessment, seigniorage, rates prescribed from time to time in Appendix II to these rules and after obtaining transport permit from the District Collector or the Officer authorised by him in this behalf; Provided also that the transport permit shall be issued only to the industry for which the mineral is required to be supplied. The lessee shall keep correct accounts showing the quantity and other particulars of all minerals obtained at the factory site and despatched from the factory. The lessee shall also allow any officer authorised by the State Government in this behalf to inspect the industry and verify its records and accounts and furnish such information and returns as may be required by him.";