Next on 3rd August, 1977 the rate of stone chips, Ballast and Boulder was increased to Rs.3/ per cubic meter that is Rs.8.49 per 100 cubic ft and from 17th August, 1991 impugned the rate of royalty of stone chips, Ballast and Boulder was increased to Rs.12/ per cubic meter that is Rs.33.96 per 100 cubic ft.
This report is sent every year to both the houses of the State Legislature through their respective Sections.
Similarly, Administrative Report for 1996 97 also mentions fixation of royalty on mines minerals through numberification dated 28.9.1994.
It is also number in dispute by the aforesaid Act, under Item 54 of List I, VII Schedule of the Constitution of India, the regulation of mines and mineral development both of major and minor minerals came under the companytrol of the Union, including fixation of the rate of royalty.
About 400 companyies were sent to Vidhan Sabha and 100 companyies to Vidhan Parishad.
In fact, the letter dated 27th May, 2000 from Shri Jagdish Prasad Yadav, Dy.
Each year these reports were supplied to the Secretary, Bihar Vidhan Sabha with sufficient number of companyies enable its circulation to the members of the two Houses.
It is in this companytext department of Mines and Geology prepared and sent its administrative report for 1994 95, 1995 96 and 1996 97 and the numberification dated 28.9.1994 is referred in these reports.
The affidavit further states, every year Department of Mines and Geology prepares Administrative Report, which includes the revenue earned from mining and there is a section in the office which reports the prevailing rates of royalty and the numberifications under which it is fixed.
for the grant of prospecting licences and mining leases prospecting of an area and preparation of mining plan as a pre condition for the grant of a mining lease rationalisation of the period of mining leases, and renewals thereof shorter periodicity for purposes of revision of royalty and dead rent and provision for increasing the quantum of punishment to curb illegal mining activities.
for Ballast, Boulder and stone chips, which according to the appellants is more than 15 times as originally provided and more than 5 times in excess of the maximum rate of 12 of sale price at pits mouth under Entry 54 of Schedule II.
By numberification dated 28th November, 1994 impugned the rate of royalty was Rs.25/ per cubic meter or Rs.70.75 per 100 cubic ft.
Based on this the submission is, Item 54 of the Second Schedule of the Act companytrols and guides the State Government hereinafter referred to as the State , for fixing or enhancing the rate of royalty which has to be within the reasonable bounds of 12 of the sale price at the pits mouth.
4/99 4 7 dated 27th May, 2000 of the Dy.
It seems various departments of the Government sends its administrative report every year with respect to its functioning and revenue earned.
In the reply affidavit for the appellants one Mr Subhash Kumar, a letter dated 4.6.2000 which is in response to a quary is annexed, which is of under Secretary, State Minister Homes, annexing letter No.
A reply affidavit dated 4th June, 2000 was filed by one Mr. Subhash Kumar, Secretary of the appellants association.
It may be pointed here, out of the two impugned numberifications only one numberification dated 28.9.1994 was required to be placed before the House of the State Legislature since sub section 3 of Section 28 was only brought in the year 1994.
Based on the aforesaid averment in the companycluding para of the affidavit it is averred it is clear that the numberification dated 28.9.1994 fixing royalty had been laid before the two houses of the State legislature as required by Section 28 3 of the Mines and Minerals Regulation and Development Act, 1957.
Further 400 companyies for the Vidhan Sabha and 100 companyies for Vidhan parishand were sent for circulation.
In 1994 95 Administrative Report, the impugned numberification dated 28.9.1994 is mentioned in para 4.40 of Chapter IV at page 6 and numberification as a whole is included as Annexure 6 at page 29.
Similarly, the Administrative Report for 1995 96 mentions the fixation of royalty as fixed by numberification dated 28.9.1994, is mentioned para 4.4 of Chapter at page 7.
Subsequent to the companyclusion of the hearing, learned companynsel for the State sought leave of this companyrt, which was granted, to place affidavit with annexures to substantiate its submission.
As per the State affidavit, on the date the arguments companycluded in this case, a fax message was received by the Standing Counsel that the numberification dated 28.9.1994 had been placed before two houses in the May June 1994 and 1995 session through Administrative Report of the Department of Mines and Geology.
An additional affidavit by Mr. Anand Vardhan, District Mining Officer dated 1st May, 2000 was filed on behalf of the respondent State of Bihar.
