V.K.SHUKLA,J. - (1.) In all the abovemetioned Writ Petitions in question, as common question of law has been engaging the attention of this Court, the matters are being decided collectively and Writ Petition No.21010 of 2016 is being treated to be leading case.
(2.) In this bunch of Writ Petition, petitioners, who are Brick Kiln owners, are assailing the validity of notification dated 19.01.2016 wherein First Schedule to Rules 1963 has been amended by means of 37th Amendment dated 19.01.2016, doubling the rate of royalty for 'Brick Earth' from Rs.27/- to Rs.54/- on per thousand bricks produced as well as the validity of Government Order dated 20.01.2016 wherein under the settlement scheme, the brick kiln owners have been asked to pay additional 20% of the royalty where "palothan mitti" (baluyi mitti) is also used in the manufacturing of bricks.
(3.) Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter called the 'Act') is an Act enacted by Parliament to provide for development and regulation of mines and minerals under the control of the Union. Under the aforementioned Act in question, Section 3 (a) defines "Minerals" and Section 3(d) defines "mining operation" as an operation undertaken for the purpose of winning any mineral. Section 3(e) defines "minor minerals". Section 4 proceeds to make a mention that mining operations to be under licence or lease. Section 9 deals with royalties in respect of mining leases and Section 15 authorizes the State Government to make Rules in respect of minor minerals.;