MIRA PAHAR STONE MINES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for declaration that the action of the respondent-State of Jharkhand in levying and collecting royalty @ Rs.708.00 per hundred cubic ft. i.e. Rs.250.00 per cubic meter on removal of stone boulders from the mining lease area of the petitioners on the sole ground that stone boulders excavated from its mines have been transported to a stone crusher for production of stone chip, is wholly illegal, arbitrary and beyond the scope of the Jharkhand Minor Mineral Concession Rules, 2004 (hereinafter referred to as 'the Rules, 2004'). Further prayer has been made for issuance of direction upon the respondents restraining them from collecting higher rate of royalty @ Rs.708.00 per hundred cubic ft. i.e. Rs.250.00 per cubic meter on removal and transportation of stone boulders through the mechanism of JIMMS Portal especially because the petitioners are removing only stone boulders from their mines and not stone chips and the incidence of levy of royalty is at the stage of removal of mineral from the mines. The petitioner has also prayed for quashing the notification dtd. 16/9/2019 (Annexure-2 to the writ petition) by which Schedule-2 of the Rules, 2004 has been amended to the extent of a higher rate of royalty and @ Rs.708.00 per hundred cubic ft. i.e. Rs.250.00 per cubic meter has been prescribed for boulder, gravel and shingle which are used for making chips. In alternative to the above prayer, the petitioner has prayed for declaration that the rate of royalty fixed @ Rs.250.00 per cubic meter in respect of mineral for making stone chips cannot be applied to such mining lessees, who are not having processing unit/crusher plant within their leasehold area.

(2.) The present interlocutory application has been filed for stay of the operation of the impugned notification dtd. 16/9/2019 by which Schedule-2 of the Rules, 2004 has been amended to the extent of a higher rate of royalty and @ Rs.708.00 per hundred cubic ft. i.e. Rs.250.00 per cubic meter has been prescribed for boulder, gravel and shingle which are used for making chips.

(3.) Since no demand has yet been raised by the respondent-authorities, there is no need to pass any interim order in this case.