A.P.MISRA, N.S.HEGDE
Quarry Owners Association – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Misra, J.—The issues in these appeals, apparently impress a common picturisation of usual nature but they are raised in an interesting way while challenging the fixation of the rate of royalty for the minor minerals under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as ‘the Act’). The question for consideration is, the ambit of delegation of power by the Parliament to the State Government under Section 15 of the said Act. Can it be said that the delegation is unbridled without any check if it travels beyond the guidelines as spelt by this Court in the case of D.K. Trivedi & Sons and Ors. v. State of Gujarat and Ors.1? In the present case neither the validity of delegation under Section 15 nor it being without any guideline is under challenge but both the appellants and the respondents State stress two different orbits for the guideline, the appellants constrict it to be within what is spelt in the D.K. Trivedi case (supra) while the respondents stress it not to be confined to that case. The impugned notifications dated 17th August, 1991 and 28th September, 1994 issued by the State of Bihar enhancing the rate of royalty
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