- (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 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:-;