BHARAT COKING COAL LTD. AND TATA IRON AND STEEL COMPANY Vs. THE STATE OF BIHAR, THROUGH SPECIAL SECRETARY TO THE GOVERNMENT AND ORS.

JUDGEMENT

(1.) PETITIONERS in all these petitions are mining lessees/ licensees of minerals like coal, iron ore and copper ore. They are aggrieved by Notification No. SC -10 -A/99 -547/M dated 10th February, 1999 issued by the Mines and Geology Department, allegedly issued under Rules 64 of the Mineral Concession Rules 1960 framed under Section 13 of the Mines and Minerals (Development & Regulation) Act, 1957, whereby direction has been issued to all the lessees/licensees of iron ore, copper ore and coal to ensure the payment of the royalty in respect of daily despatches of minerals through the Treasury challans or bank draft on the following day. It is further provided that payment shall be adjusted against the amount payable by the lessees. It further stipulates that earlier directions to the extent in consistent with this notification shall be deemed to be amended. This notification was made effective from the date of its issue.

(2.) PETITIONERS have challenged the constitutionality, legality and propriety of this notification on following amongst other grounds:

(3.) RESPONDENTS have placed on record details of amount of royalty payable in respect to the years 1994 -95 to 1997 -98, relating to three minerals, namely, coal, copper and iron ores and it is stated that more than 95% of the royalty is raised by the State in respect to these minerals.