WESTERN COAL MINERS & EXPORTERS ASSOCIATION Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) IT is the case of the petitioner -association that the State Govt, has no power and authority to issue the Notification dated 22.06.2012 for fixing the rate of royalty on coal produced and dispatched from the State of Meghalaya @ Rs.675/ - per metric tonne, and prayed for quashing of the said Notification. For convenience, the impugned Notification dated 22.06.2012 published in the Meghalaya Gazette Extra Ordinary No.51 Shillong, Friday June 22, 2012 (Annexure -8 to the writ petition) is quoted hereunder: -

(2.) HEARD Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N Mozika, learned counsel for the petitioner -association and Mr, KS Kynjing, learned Advocate General assisted by Mr. ND Chullai, learned Sr. GA appearing for the State respondents.

(3.) THE Mines and Minerals (Development and Regulation) Act, 1957 was enacted by the Parliament on 28.12.1957 and came into force on 01.06.1958 and it extent to the whole of India. Section 9 of the Mines and Minerals (Development and Regulation)'Act, 1957 (for short hereinafter called the Act of 1957) provides for levy and collection of royalty on minerals including coal. Under Section 9(3) of the Act of 1957, the Central Govt, may, by Notification in the official Gazette, amend the Second Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the Notification. Section 9 of the Act of 1957 read as follows: -