SONBAI PETHALJI SMT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of 26 cases consists of 25 writ petitions and one Letters Patent Appeal. In ail these cases common questions of law arise. They are therefore decided by common judgment. The writ petition out of which Letters Patent Appeal No. 62 of 1978 arises was dismissed by the learned Single judge. In that petition also the questions which were raised are the questions raised now before us.

(2.) The petitioners in all these cases are holders of quarry leases granted to them by the State Government under Gujarat Minor Mineral Rules 1966 These rules have been made by the State Government in exercise of the power conferred upon it by sec. 15 of the Mines and Minerals (Regulation and Development) Act 1957 Under the leases granted to the petitioners the petitioners are liable to pay dead rent in respect of the area leased out of them for the purpose of excavation of minor minerals. The rates at which dead rent was prescribed prior to March 26 1979 were much lower than the rates at which it has been fixed after they were revised under the notification issued on March 26 1979 The revised rates came into force with effect from 1st April 1979.

(3.) The petitioners in all these petitions therefore challenge firstly the rule which empowers the State Government to charge dead rent and secondly the notification dated 26th March 1979 under which the rates at which dead rent is payable by the petitioners have been revised.