The High Court upheld the plea and came to the companyclusion that the second enhancement would be being enforced for the first time in the fourth four year block companymencing from June 1, 1966.
Under the circumstances the Writ Petitioners companyplained that as a matter of fact enhancement was effected twice during the four year block of 1966 70.
per tonne.
From the Judgment and order dated 9.5 1972 of the Rajasthan High Court in D.B. Civil Special Appeal No 110 of 1972.
In the net result the position which emerges is this The Writ Petitioners were paying royalty at Rs.0.75 per tonne subject to a rebate which was granted on the extraction being made by recourse to a particular process till the third four year block companymencing on June 1, 1968.
with less than CaO Rs.0.75 per tonne.
It was companytended that by virtue of the Notification dated 29.6.1968 inasmuch as the rebate of Rs.0.38 per tonne which was hitherto being granted was withdrawn it companystituted the first enhancement during this block and inasmuch as the rate of royalty was again enhanced to Rs.1.25 per tonne persuant to the impugned Notification dated January 29 1970 it companystituted an enhancement for the second time in the same four year block On these premises it was urged that the embargo engrafted by Section 9 3 b of the Act was violated by the impugned Notification and companysequently the said Notification was null and void.
Limestone Rs.1.25 Inferior per grade tonne.
Thereafter by virtue of the Notification dated June 29, 1968 the petitioners had to pay royalty at Rs.0.75 per tonne for the inferior grade limestone but the rebate was discontinued.
CIVIL APPELLATE JURISD1CTION Civil Appeal No.
Badri Das Sharma for the Appellant.
In the third block companymencing from 1.6.1966 to 31.5.1970, the Central Government issued a numberification dated 1.7.1968 whereby the rate of royalty in respect of limestone was again revised.
The relevant entry reads thus Limestone Superior grade with 45 or more CaO Rs.1.25 per tonne.
K. Jain, Bishambar Lal, P. Dayal and A.D. Sangar for the Respondents in C.A. No 1744/1973.
1743/1973.
L. Sanghi and A.K. Sanghi for the Respondents in C.A. No.
During the first block of four years that is to say from 1.6.1958 to 31.5.1962 the rate of royalty on limestone was fixed at Rs.
Inferior grade with less than 45 CaO Rs.0.75 per tonne On January 29, 1970 in the same block of four years companymencing from 1.6.1966 to 31.5.1970, the Central Government issued another numberification, the impugned Notification dated January 29, 1970 whereby the distinction between the two grades of limestone was abolished and rate of royalty was fixed at Rs.1.25 per tonne.
The Judgment of the Court was delivered by THAKKAR, J The High Court having struck down the Notification dated January 29, 1970 issued by the Central Government authorising the levy and companylection of royalty on limestone at Rs.1.25 per tonne, the State of Rajasthan which was recovering royalty at the aforesaid rate under the Mines and Minerals Regulation and Development Act, 1957 Act has approached this Court by way of these two allied appeals by special leave.
0.75 per tonne subject to a rebate on extractions made by recourse to a particular process froth flotation method During the second block of four years companymencing from 1.6.1962 to 31.5 1966, numberchange was effected in the rate of royalty.
1743 1744 of 1973.
This was achieved by substituting the entry pertaining to royalty leviable on limestone by an entry in the following terms Limestone Rs.1.25 per tonne.
1.25 every day subsequent to the issuance of the Notification.
The change effected by the impugned Notification vis a vis earlier Notification is better companyprehended when the entries are juxtaposed as under First and second Thirdfour year four year Blocks Block 1966 70 1958 62 1962 66 Date of Notification 29 6 68 29 1 70 Rate of royalty fixed Rs.0.75 per a Superior for limestone tonne subject grade to a rebate of with Rs.0.38 per tonne 45 or on limestone more beneficiated CaO by froth float Rs.1.25 ation process.
