JUDGMENT

R.C. Lahoti, J.-The High Court of Madhya Pradesh has by its impugned judgment held slimes exigible to charge of royalty, as forming part and parcel of iron ore. Feeling aggrieved, the mining lessee i.e. the appellant herein has come up in appeals by special leave to this Court. All the appeals raise a common issue for decision.

2. National Mineral Development Corpn. Ltd. ( NMDC , for short) is a public sector company engaged in exploring and development of iron ore deposits in India. It holds mining leases over land admeasuring more than 600 hectares from the State of Madhya Pradesh for extracting iron ore. In the present case we are concerned with the iron ore project of NMDC situated in Bailadila, District Bastar of Madhya Pradesh, which now stands allocated to the State of Chhattisgarh consequent upon reorganization of the State of Madhya Pradesh w.e.f. 01.11.2000. The State of Chhattisgarh has been joined as a party-respondent in these appeals.

3. The mining leases held by the appellant are governed by the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 hereinafter the Act , for short. Section 9 of the Act which makes provision for levy of