(1.) THIS order will also govern the disposal of Misc. Petitions Nos. 552 and 553 of 1964 and Misc. Petitions Nos. 77, 219, 221, 224, 225 and 298 of 1965.
(2.) THESE are nine applications under Article 226 of the Constitution by colliers holding mining leases under the Government of Madhya Pradesh for the extraction of coal from collieries situated in the Chhindwara district of Madhya Pradesh State. All the petitioners challenge the vires of the, Madhya Pradesh Koyala Upkar (Manyata-karan) Adhiniyam, 1964 (Act No. 18 of 1964 [hereinafter referred to as the Validating Act] ), and seek a declaration that the said Act is constitutionally invalid, ultra vires and unenforceable and pray that a suitable direction be issued to the opponents forbearing them from giving effect to the Validating Act in any manner whatsoever. The petitioners in Misc. Petitions other than Misc. Petition No. 630 of 1964 and Misc. Petition No. 77 of 1965 also pray that the notices of demand issued to them after the coming into force of the Validating Act for payment of "coal cess" or "coal tax" at the rate of nine pies per ton for the period stated in the notices be also quashed by issue of writs of certiorari.
(3.) THE background of the controversy raised in these petitions may briefly be stated thus. The coal mines worked by the petitioners formerly lay within the jurisdiction and territorial limits of the Independant Mining Local Board which had the status and powers of a District Council under the Central Provinces Local Self-Government Act, 1920. Section 51 of the Act of 1920 was in the following terms:-
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