M.Y.EQBAL,J. - (1.) This letters patent appeal is directed against the judgment dated 22.8.2006 passed in CWJC No. 654 of 1999(R) and other analogous cases, whereby learned Single Judge dismissed the writ petition holding that notification dated 10.2.99 cannot be declared void for non -compliance of Section 28(3) of the Mines and Minerals (Development and Regulation) Act, 1957
(2.) PETITIONER / appellant -Bharat Coking Coal Ltd. and other subsidiaries of the Coal India Limited filed writ application challenging the Notification No. SC -10 -AI 99 -547/M dated 10.2.99 issued by the Mines and Geology Department under Rule 64 of the Mineral Concession Rules whereby direction has been issued to all the lessees/licensees of iron ore, copper ore and coal to ensure the payment of royalty in respect of daily dispatches of minerals through Treasury challans or bank draft on the following day. The notification further provided that payment shall be adjusted against the amount payable by the lessees. Mr. Anoop Kumar Mehta, learned counsel appearing for the appellant assailed the impugned judgment as being contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (in short 'MMRD Act') and Mineral Concession Rules (in short 'the Rules'). Learned counsel firstly submitted that in terms of Section 28(3) of the Act the impugned notification had to be placed before both the houses of legislature and since the same was not done, the said notification cannot be given effect to. Learned counsel drawn our attention to Section 13 of the Act and Rule 27 of the Rules and submitted that Rule 27(2) shall not have overriding effect of Section 13(2)(i) of the Act. Learned counsel submitted that although notification was issued in February 1999 to till date Government has not implemented the notification
(3.) SECTION 9 of the Act lays down the provisions of payment of royalty by the mining lessee in respect of mineral removed or consumed by the lessee or by his agent, manager, employee or other persons authorized by the lessee. Section 13 of the Act confer power to the Central Government to make rules in respect of minerals. Section 15 similarly confers power to the State Government to make rules for regulating the grant of mining lease in respect of minor minerals. However, Section 64 provides that any amount payable under the Act or Rules shall be paid in such manner as the State Government may specify in this behalf. Section 28(3) of the Act categorically provides that every rule or notification made by the State Government shall be laid as soon as may be made before each house of the State Legislature. We find force in the submission of the learned counsel appearing for the appellant.;