HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition and the writ petitions mentioned in Schedule A appended to this order have been placed before this Division Bench on reference being made by Hon'ble Mr. Rdjesh Balia, J. while disagreeing with the view taken by Hon'ble Mr. V. K. Singhal, J. in Sadanand vs. State of Rajasthan (1 ). The following two questions have been framed by the learned Single Judge which read as under : "1. Whether the power to relax a rule conferred on the Government under r. 65 of the Rules of 1986 also takes within it the power to substitute an existing rule with a new rule ? 2. Whether the State Government has authority under r. 65 of the Rules of 1968 to direct for charging of dead rent in a given case at rate different than the prescribed under the Rules, without amending the Rules itself?"

(2.) IN order to understand the controversy raised in these writ petitions, the facts given in the case of Hari Singh Vs. State of Rajasthan (D. B. Civil Writ Petition No. 155/1990) are taken into consideration :

(3.) SECTION 13 lays down the power of the Central Government to make rules in respect of minerals. SECTION 15 lays down the power of the State Government to make rules in respect of minerals. The excavation of land and digging out the sand for construction of the bricks is a minor mineral. Therefore, the State Government has a power to frame the rules for this mineral. SECTION 15 reads as under: 15. Power of State Governments to make rules in respect of minor minerals - (I) The State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry lease, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. (2) Until rules are made under sub-section (1), any rules made by a State Government regulating the grant of quarry leases, mining leases, or other mineral concessions in respect of Minor mineral which are in force immediately before the commencement of this Act shall continue in force. (3) The holder of a mining lease or any other mineral concession granted under any rule made under sub-section (1) shall pay royalty in respect of minor minerals removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee at the rate prescribed for the time being in the rules framed by the State Government in respect of minor minerals. Provided that the State Government shall not enhance the rate of royalty in respect of any minor mineral for more than once during any period of four years. "