FARIDABAD GURGAON MINERALS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of C.W.P. Nos.17958,14306 and 14468 of 2005. For the sake of convenience, brief facts have been taken from C.W.P. No.17958 of 2005.

(2.) The petitioner who is the sole proprietary firm, was granted the rights to mine minor minerals on the strength of a lease executed by the State of Haryana after a successful bid by him in an open auction. He is aggrieved of Annexure P -6, a notification dated 3.6.2005 issued by the Mines and Geology Department, Haryana amending the Schedule to the Mines and Minerals (Regulation & Development) Act, 1957 (hereinafter referred to as the Central Act) to enhance the rate of royalty from Rs.24/ - per tonne to Rs.36/ - per tonne. Similarly, the grievance of the petitioners in CWP Nos.14306 and 14468 of 2005 is directed against the rate of dead rent which has been enhanced to Rs.2000/ - per hectare per annum as an amendment to the Second Schedule.

(3.) There is in force a Central Act enacted by the Parliament to regulate the operation and development of mines in the country. Section 15 of the Central Act enables the State Government to frame their own rules and for the purpose of the present controversy, the relevant would be the Punjab Minor Mineral Concession Rules, 1964, as adopted by the State of Haryana. After the reorganisation such rules have been amended from time to time and the prevailing Rule 10 limited the grant of mining lease for minor minerals to an auction process alone instead of upon an application on First Come First Serve basis which was the prevailing practice prior to the amendments.