HINDUSTAN ZINC LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on an application (IA No.2/19) preferred by the respondents for vacating the interim order dated 8.8.16 passed by this Court, which reads as under:

(2.) By way of this writ petition, the petitioner has questioned vires of Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 ('Act of 1957'), Rule 1(3) of District Mineral Foundation Trust Rules, 2016 ('the Rules of 2016') and Rule 2 of Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015 ('the Rules of 2015'). The petitioner has also questioned legality of order dated 16.9.15 issued by the Ministry of Mines, Government of India, directing that the District Mineral Foundation established under Section 9B of the Act of 1957 shall be deemed to have come into force from 12.1.15, the order dated 8.7.16 issued by the Director, Mines, Rajasthan, directing recovery of contribution to District Mineral Fund (DMF) from the mining lease holder w.e.f. 12.1.15 and the demand notice dated 15.7.16 issued to the petitioner pursuant thereto.

(3.) The application seeking vacation of the interim order is preferred by the respondents inasmuch as, the validity of Rules 1(2) and 1(3) of the Rules of 2016 stands upheld by this Court vide decision dated 8.11.17 rendered in D.B.C. Writ Petition No.7646/16-Federation of Mining Association of Rajasthan and Ors. vs. State of Rajasthan and Ors. and the Supreme Court in Federation of Indian Mineral Industries and Ors. vs. Union of India and Anr.: (2017) 16 SCC 186, has categorically held that the contribution to DMF is required to be made by the holder of a mining lease or a prospecting license-cum-mining lease in the case of mineral other than coal, lignite and sand for stowing w.e.f. 17.9.15 when the rates were prescribed by the Central Government. Further, keeping in view the said decisions, the interim order granted in identical petition being D.B.C.Writ Petition No.7909/16- M/s. JK Lakshmi Cement Limited vs. Union of India and Ors., has already been vacated by this Court vide order dated 23.10.19.