Debasish Kar Gupta,J. - (1.) This appeal is filed assailing the judgment and order dated September 2, 1998 passed in civil order No.6895(W) of 1990.
(2.) By virtue of the above judgment and order though the provisions of section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 were declared intra vires the constitution, the notification fixing of royalty at a particular rate, in this case @Rs.20/- per 100 cubic feet, for all regions of the State of West Bengal, was declared ultra vires the Mines and Minerals (Regulation and Development) Act, 1957. Direction was given to the State of West Bengal to fix royalty in exercise of its statutory power on extraction of brick earth placewise and regionwise having due regard to the market price of the brick earth of all the places where bricks were manufactured.
(3.) In the writ petition under reference, the writ petitioners/respondent Nos.1 to 8 brought the following facts and circumstances on record: The mines and minerals (Regulation and Development) Act 1957) Act (hereinafter referred to as the said Act, 1957) came into force with effect from December 20, 1957 to provide for regulation of mines and development of minerals under the control of Union.;