- (1.) Mr. Anil Choudhary, learned counsel appearing for the petitioner referring to 'Royalty/Dead rent' mentioned in the last paragraph of notification published on 5.11.2004 (Annexure 2) submitted that not only 'Royalty' but 'Dead rent' was also reduced. He further submitted that in the departmental circulars issued pursuant to the said notification, there is no reference to 'Dead rent'.
(2.) Learned State counsel referred to the following paragraphs of the counter affidavit: "5 (c) That the State of Jharkhand Promulgated Jharkhand Minor Mineral Concession Rules, 2004 on 26/29.07.2004 whereby the rate of royalty as well as rate of dead rent were enhanced in the new 2004 rule itself. (d) Thereafter, Pakur Crusher Owner Association filed various representations against the hike in Royalty rates of minor mineral. Subsequently, the State of Jharkhand; after considering the representation of various stake holders, reduced the rate of royalty to the same position as existed on 15.11.2000 in Bihar Minor Mineral Concession Rule, 1972. However, the rate of dead rent was not changed and as such the rate of dead rent continued at hiked rate of Rs. 9,000/- Acre/Annum w.e.f. 26/29.07.2004 i.e. the date of Promulgation of Jharkhand Minor Mineral Concession Rules 2004 as provided in Annexure 2 & 3 of the writ application. (e) And as such the rate of royalty of minor mineral was reverted back to earlier position of 15.11.2000 but the rate of dead rent remained at hiked rate, which has been implemented; as well as accepted by all the lessees of Jharkhand State. (f) ............. (g) It is pertinent to bring before your lordship that the rates of royalty on minor mineral/bricks has not been revised since 1994 and the State of Jharkhand has only enhanced the rate of dead rent to discourage non operational/lesser production reporting of minor mineral by Lessees and to promote employment in the rural sector around mining lease areas which is just, legal and proper."
(3.) Thus, the policy, the decision and the reasons for revising only the rate of Royalty and not Dead Rent have been clearly spelt out by the Respondents. The clear meaning of the last paragraph of notification published on 5.11.2004, is that the revised rate of Royalty/ Dead rent (i.e. reduced rate of Royalty and the enhanced rate of Dead Rent) will be applicable from the date of publication of notification, in the Gazette i.e. 29.7.2004.;