UDAIPUR CHAMBERS OF COMMERCE AND INDUSTRY Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-10-179
HIGH COURT OF RAJASTHAN
Decided on October 22,2019

Udaipur Chambers Of Commerce And Industry Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) By way of this writ petition, the petitioners have questioned the vires of Rule 1 (2) of the Mines and Mineral (Contribution to District Mineral Foundation) Rules, 2015 ("Rules of 2015") as also Rule 1 (3) of the District Mineral Foundation Trust Rules, 2016 ("Rules of 2016"). The petitioners have also challenged the retrospectivity given to the Rules of 2015 and consequential orders for depositing the amount in DMFT Funds.
(2.) Learned Additional Advocate General submits that the controversy involved in this writ petition is covered by the decision of this Court dated 8.11.17 rendered in D.B. Civil Writ Petition No. 7646/2016 (Federation of Mining Associations of Rajasthan and Ors. v. The State of Rajasthan and Ors.) and connected writ petitions which were decided in the light of the judgment rendered by the Supreme Court in the Writ Petition (Civil) No. 12027/2015 (Federation of Indian Mineral Industries and Ors. v. Union of India and Anr.).
(3.) It is not disputed by the learned counsel that so far as the question of retrospectivity of the Rules of 2015 and the challenge to the vires of Rule 1(2) of the Rules of 2015 and Rule 1 (3) of the Rules of 2016 is concerned, the same is covered by the decision referred supra. However, learned counsel submitted that some other questions regarding the rates prescribed are also raised.;


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