JAI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal on certificate is against the order of the Rajasthan High Court dismissing in limine the petition under Articles 226 and 227 of the Constitution of India, filed by the appellant against the Union of India, the State of Rajasthan and two others, praying for quashing the demand made from the appellant in respect of royalty.

(2.) The appellant took on lease 180 acres of land from the Government of Rajasthan on June 18, 1962 for the purpose of mining gypsum ore for a period of 20 years. Section 9 (2) of the Mines and Minerals (Regulation and Development) Act, 1957 relates to royalties in respect of mining leases. According to that provision, the holder of a mining lease granted on or after the commencement of the said Act shall pay royalty in respect of any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area at the rate for the time being specified in the Second Schedule in respect of that mineral. The Second Schedule provides at item No. 13 the rate on which royalty, etc., in respect of gypsum is to be paid. According to that item at the relevant time, royalty would be at the rate of Rs. 1.25 per tonne of gypsum containing 85 per cent and above CaSO42H2O and at the rate of .75 paise per tonne of gypsum containing less than 85 per cent of CaSO42H2O.

(3.) Royalty was demanded from the appellant in at the rate of gypsum won by him at the rate of Rs. 1.25 per tonne. The case of the appellant, however, is that the gypsum which was won by him contained less than 85 per cent of CaSO4H2O. As against that, the stand taken by the respondents is that the appellant failed to furnish the analysis reports from a standard laboratory to show that gypsum won by him contained less than 85 per cent CaSO42H2O. Revision filed by the appellant against the decision of the Rajasthan Government to charge royalty at the rate of Rs. 1.25 per tonne was dismissed by the Central Government.