AJIT KUMAR GUREY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THOUGH the applicants are different, these four applications under Article 226 have been heard together in view of the fact that they involve a common question of law, namely, the interpretation of the scope of Schedule I, read with rule 17 (1) (i)of the West Bengal Minor Minerals rules, 1959, made under the Mines and minerals (Regulation and Development)Act, 1957.

(2.) BEFORE proceeding further, it would be useful to set out the relevant provisions of the aforesaid Act and the rules.

(3.) THE Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'the Act')was passed by Parliament in exercise of its power under Entry 54 of List I of the 7th Schedule to the Constitution, which gives the Union Parliament exclusive legislative power with respect to :