BALAJI MINERALS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this batch of writ petitions, the petitioners, who are the holders of leases granted under the provisions of erstwhile Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as "the Rules") have challenged the validity of Rule 8-E, which has been introduced as per G.O.Ms.No.603 INdustries Department, dated 17.9.1998.

(2.) FIRST of all it is necessary to have a bird's eye view of the various Constitutional and statutory provisions. Entry 54 of List I of 7th Schedule of the Constitution of India is to the following effect:- "54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest." Entry 23 of List II of 7th Schedule of the Constitution is to the following effect:- "23. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union."

(3.) WHILE the matter stood thus, the Rules were amended by introducing Rule 8-E vide G.O.Ms.No.603 dated 17.9.1998, which is under challenge.