RAJ KARAN NISHAD Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala and A. P. Sahi, JJ. The petitioners in all the three writ petitions have come up assailing the vires of the amended Rule 10 of the U. P. Minor and Minerals (Concession) Rules, 1963, a copy of the notification contain ing the said Rules dated 22nd June, 2004 is on record of the leading writ petition as Annexure No. 1. To appreciate the controversy, the existing rule and the sub stituted rule are reproduced below: "3. Amendment of Rule 10. In the said rules, for Rule 10 set out in Column-I below, the rule as set out in the Column-II below, shall be substituted, namely: Column I Existing rule Column II Rule as hereby substituted 10. Maximum area for which a mining lease may be granted: No person shall acquire in respect of any minor mineral one or more min ing leases covering a total area of more than thirty acres: Sa-Audyogik Vikas-2 10. Maximum area for which a mining lease may be granted: No person shall acquire in respect of any minor mineral, except sand or morrum or bajri or boulder or any of these in mixed state, one or more mining leases covering a total area of more than thirty acres:

(2.) SRI Dev Brat Mukherjee, learned Counsel for the petitioners, contends that the State Government had no legislative competence to amend the said rules inasmuch as the amendment runs counter to section 2 of the Mines and Mineral (Regulation and Development) Act, 1957. To appreciate the said sub mission, section 2 of the said Act is quoted below: "2. Declarations as to expediency of union control.- It is hereby de clared that it is expedition in the public interest that the union should take under its control the regulation of mines and the development of min erals to the extent here-in-after provided. "

(3.) WE have heard learned Counsel for the parties in all the three writ petitions and have perused the notification bringing about the amendment. The said rules have been framed in exercise of the powers under section 15 of the 1957 Act. Section 15 of the Act 1957 recites as follows: "15. Power of State Government to make rules in respect of minor miner als.- (1) The State Government may, by notification in the official gazette make Rule for regulating the grant of [quarry leases and mining leases or other mineral concessions] in respect to minor minerals and for purposes con nected therewith. (1-A) In particular and without prejudice to the generality of the fore going power, such rules may provide for all or any of the following matters, namely- (a) the person whom and the manner in which, applications for quarry leases and mining leases or other mineral concessions may be made and the fees to be paid therefor; (b) the time within which, and the form in which, acknowledgment of the receipt of any such applications may be sent; (c) the matters which may be considered where applications in respect of the same land are received within the same day; (d) the terms on which, and the conditions subject to which and the au thority by which quarry leases, mining leases or other mineral concession may be granted or renewed; (e) the procedure for obtaining quarry lease, mining leases or other min eral concessions; (f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concession to person deputed by the Government for the purpose of undertaking research or training in matters relating to min ing operation; (g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable; (h) the manner in which rights of third parties may be protected (whether by way of payment of compensation of otherwise) in cases where any such party is prejudicially affected by reason of any prospecting or min ing operations: (i) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operation shall be in the same area or in any other area selected by the State Government (whether by way of reimbursement of the cost of re habilitation or otherwise) by the person holding the quarrying or mining lease; (j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred; (k) the construction, maintenance and use of roads, power transmission lines, tramways, aerial, ropeways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry of mining lease or other mineral concession; (I) the form of registers to be maintained under this Act; (m) the reports and statement to be submitted by holders of quarry or mining leases or other mineral concession and the authority to which such reports and statements shall be submitted; (n) the period within which and the manner in which and the author ity to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefor, and the powers of the revisional authority; and (O) any other matter which is to be, or may be, prescribed. ] (2 ). Unit rules are made under sub-section (1), any rules made by a State Government regulating the grant of [quarry leases and mining leases or other mineral concessions) in respect of minor minerals which are in force immediately before the commencement of this Act, shall continue in force. (3) The holder of a mining lease or any other mineral concessions granted under any rule made under sub-section (1) shall pay [royalty or dead rent, whichever is more] in respect of minor mineral removed or con sumed by him or by his agent, manager, employee, contractor or sub-lessee at the rate prescribed for the time being in the rules framed by the State Government in respect of minor minerals: Provided that the State Government shall not enhance the rate of [royalty or dead rent' in respect of any minor mineral for more than once during any period of [three years]. "