RAMESH PD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four writ petitions arise from similar facts and circumstances and the petitioners in all the cases seek identical reliefs. These cases were, therefore, heard together and are being disposed of by this common judgment and order.

(2.) THERE is a single petitioner in each of the three writ petitions being CWJC Nos. 1254, 2072 and 3648. of 2002. The three petitioners hold leases granted under the Bihar Minor Mineral Concession Rules for different areas in the Pandoi river basin falling in the district of West Champaran. Pandoi river flows from Nepal and passes through the district of West Champaran in this country. Under the leases granted to the petitioners they take out stone pieces from the river -bed which are perennially washed down from the higher reaches of the river.

(3.) HERE a brief reference to the legal provisions would be helpful in putting the matter in its proper perspective. Section 15 of the Mines & Minerals (Regulation & Development) Act, 1957 empowers the State Government to make rules in respect of minor minerals. In exercise of that power the Bihar Minor Mineral Concession Rules, 1972 were framed on 22.6.1972. Rule 26(1)(b) provides that when a lease is granted or renewed royalty would be charged at the rates specified in Schedule II. The rates of royalty and the description of minor minerals which are subject to royalty are revised from time to time. Initially, stone chips, boulder and other building stones were classified together at serial no.1 in Schedule II and, thus, attracted royalty at the same rate. Quartzite and sandstone, (varieties of stones) were classified separately with a slightly lower rate of royalty. This would be evident from the relevant extracts from Schedule II as it stood from time to time before being finally amended by the notification, dated 24.3.2001. Schedule II : under Sr. Name of Minerals Rate per