BALRAJ SURI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners obtained lease deeds from the State of U. P. under the provisions of the U. P. Minor Minerals (Concession) Rules, 1963, (hereinafter called the Rules) for varying terms for extracting certain minor minerals. By means of a notification dated 14th September, 1976 published in U. P. Gazette Extraordinary dated 15th September, 1976 certain amendments were introduced in the Rules. THE Second Schedule as it then existed was amended and the dead rent payable was increased by ten times. Since before the amendment of the Rules the royalty payable by the petitioner was higher than the dead rent at the prevailing rates they paid no dead rent relying on the proviso to R. 22. After the amendment the petitioners became liable to pay dead rent because the royalty that they had been paying was of a lesser amount. Aggrieved by this action of the State Government, the petitioners filed this writ petition challenging the legality of the notification dated 14th September, 1976.

(2.) LEARNED counsel for the petitioners has contended that the amendment to the Rules brought about by the notification dated 14th September, 1976 could not be given retrospective effect since it was a piece of subordinate legislation so as to make enhanced dead rent payable in respect of lease-deeds executed prior to 14th September, 1976. It was also contended that R. 22 which provided for payment of dead rent within the limits specified in the Second Schedule must be read as controlling Cl. (2) of Part 2 of Form MM3 contained in the Third Schedule of the Rules. In our opinion both these contentions are misconceived.

(3.) FOR the reasons given above, there is no merit in this petition. It is accordingly dismissed. Petitioners shall pay costs of this petition to the respondents. Petition dismissed.