The respondent again filed writ petition No.1 of 1987 questioning the legislative companypetence following the judgment of this Court in India Cement Ltd. vs. State of Tamil Nadu 1990 1 SCC 12.
The respondent filed another writ petition which was allowed by the High Court on December 21, 1990.
Thus, this appeal by special leave.
Learned single Judge by his judgment dated October 1, 1986 allowed the writ petition.
The respondent filed writ petition questioning the companypetence of the Government to levy cess on mining lease.
Leave granted.
Delay companydoned.
Though the respondent has been served, numbere appears for the respondent.
Again the legislature amended the Act empowering the levy and companylection of the cess on the same grounds, while appeal was filed in this Court.
By judgment and order dated December 21, 1989, the High Court held that the amendment was ultra vires the power of the State Legislature.
