R.N.SAHAY,J. - (1.) The constitutional questions in dispute in these group of writ applications under Articles 226 and 227 of the Constitution of India necessitate a consideration: (1) Whether Section 89(1) of the Bihar Coal Mining Area Development Authority Act, 1986 (Bihar Act 9 of 1986) (hereinafter to be referred to as the "Bihar Act" wherein 'cess' is levied on annual despatches of coal and coke, is null and void being ultravires the Bihar Legislature since by virtue of Mines & Minerals (Regulation & Development) Act, 1957 (Central Act 67 of 1957), the Union has assumed complete control over regulation of mines and minerals leaving no space for the State Legislature to legislate on the said subject. (2) Whether Section 90(4) of the Act wherein water charges are realised from colliery owners for supply of water at the rate to be determined by the State Government, is void since it suffers from vice of unconstitutional delegation of legislative power.
(2.) The assessee-petitioners have applied for a writ of mandamus prohibiting Bihar Mineral Area Development Authority, the 2nd respondent, from enforcing the impugned provisions of the Act and proceeding under the Bihar & Orissa Public Demand Recovery Act for recovery of arrear of cess and water charges.
(3.) The petitioners in C.W.J.C. 3807/93R; M/s. Bharat Coking Coal Ltd. and Eastern Coal field Ltd. are Government companies within the meaning of Section 617 of the Indian Companies Act, 1956. Petitioner in C.W.J.C. 3781/93R is M/s. Bharat Coking Coal Ltd. In C.W.J.C. 3717/93R and 1637/94R, the petitioner is M/s. Tata Iron & Steel Co. Ltd. a public: limited company having its registered office at 24, Homi Modi Street, Fort, Bombay.;