- (1.) Aggrieved by deduction from their running Account Bills on account of royalty for "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building", batch of writ petitions has been filed seeking a declaration that until and unless, Scheduled-II to the Jharkhand Minor Mineral Concession Rules, 2004 is amended and rate of royalty for "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" is fixed, no royalty for the same is payable to the State of Jharkhand. A common question of law has been raised in all the writ petitions and prayer in all the writ petitions are almost identical. Therefore, it is not necessary to discuss, in detail, facts of each case separately and, suffice would be to notice facts of any one case. The nature of work carried by the writ petitioners is noticed below: W.P. (C) No. 2117 of 2014
(2.) The petitioner is a registered contractor under the railways and with the Government of Jharkhand and it is engaged in construction work and other allied activities. The petitioner was awarded the work for "earth work in cutting, filling, blanketing, drafting, construction of minor bridges, major bridges and other ancillary work between 11.5 Km. and 16 Km." in connection with construction of new business line between Tori-Shivpuri in Latehar district. The aforesaid work involves extensive use of earth work in leveling purposes, for construction of embankment for railways etc. The petitioner procures ordinary earth from local agriculturists and land holders in and around the area of construction. No lincese has been granted by the State of Jharkhand for mining of the ordinary earth. The South Eastern Railways deducts lump-sum payment from contractors' bill for those contractors, who are not submitting M and N Forms for earth work and the said amount is paid to the State Government on account of royalty for earth work. It is stated that the Assistant Mining Officer, Hazaribagh issued letters to the petitioner-Company for disclosing the quantity of minor minerals used in construction. The Mines Inspector inspected the work carried by the petitioner under contract and he furnished details of bricks, sand, metal boulder, ordinary earth etc. used in the construction and accordingly, letter dated 17.03.2011 directing the petitioner to deposit a sum of Rs. 5,66,400/- was issued.
(3.) The learned counsel for the petitioners submits that in exercise of powers conferred under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, the then State of Bihar issued notification dated 28.09.1994 whereunder, royalty for Ordinary Clay used in manufacturing of Raniganj tiles and used for commercial purposes, was fixed @ Rs. 15 per cubic mtr. In the Notification dated 28.09.1994 under Sl. No. 3(ii), it is indicated that no royalty would be charged for "Ordinary Clay" used for any other purposes. The Government of Jharkhand framed Jharkhand Minor Mineral Concession Rules, 2004 and adopted Notification dated 28.09.1994 of the State of Bihar however, after the Notification dated 03.02.2000 was issued by the Government of India, the Government of Bihar though amended the Schedule by providing rate of royalty for "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building", the Government of Jharkhand did not amend Second Schedule to the Jharkhand Minor Mineral Concession Rules, 2004 and therefore, royalty for "ordinary earth" which has been declared a minor minerals by the Notification dated 03.02.2000, cannot be collected from the petitioners. The learned counsel for the petitioners relied on decisions in "Hindustan Steel Works Construction Ltd. v. State of Bihar and Ors.", 2007 2 PLJR 849, "Banarasi Das Chadha and Brothers v. Lt. Governor, Delhi Administration and Ors.", 1978 4 SCC 11 and "Som Datt Builders Ltd. v. Union of India", 2010 1 SCC 311.;