Judgment

MADON, J. :- This group of Writ Petitions under Art. 32 of the Constitution and Appeals by certificate granted by the High Court of Gujarat and by Special Leave granted by this Court raises questions relating to the constitutionality of S. 15(1) of the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957), the power of the State Governments to make rules under the said S. 15 to enable them to charge dead rent and royalty in respect of leases of minor minerals granted by them and to enhance the rates of dead rent and royalty during the subsistence of such leases, the validity of R. 21B of the Gujarat Minor Mineral Rules, 1966, and of certain notifications issued by the Government of Gujarat under the said S. 15 amending the said Rules so as to enhance the rates of royalty and dead rent in respect of leases of minor minerals. These Notifications are :

(1). GU-74/121 (A) MCR-2173 (49) 7268/CHH dated November 29, 1974 (hereinafter referred to as "the 1974 Notification"),

(2) GU-75/117-MCR-2173 (49)/6431/CHH dated October 29, 1975 (hereinafter referred to as "the 1975 Notification"),

(3). GU-76/39/MCR-2175(68) 4675-CHH dated April 6, 1976 (hereinafter referred to as "the 1976 Notification"),

(4). GU-79/118/MCR-2178 (127)-167-CHH dated March 26, 1979 (hereinafter referred to as "the 1979 Notification"), and

(5). GU-81/75/MCR 2181/(168)-4536-CHH dated June 18, 1981 (hereinafter referred to as "the 1981 Notification").

The question of the validity of a circular, namely, Circular No. M. C. R. 2180 (166) CHH dated Feb. 12, 1981, issued by the Deputy Secretary, Industries, Mines and Electricity Department, Government of Gujarat, also falls for consideration in these Writ Petitions and Appeals.

2. It is unnecessary in order to decide these Writ Petitions and Appeals to relate the facts of each individual matter. It will suffice if we state broadly how these Writ Petitions and Appeals have come to be filed. The parties before us, other than the State of Gujarat and Governmental authorities, are persons to whom the State of Gujarat has granted quarry leases and mining leases in respect of minor minerals such as black trap, limestone, murrum, bentonite, rubble, marble, sandstone quartzite, etc. In exercise of the powers conferred by S. 15 of the Mines and Minerals (Regulation and Development) Act, 1957, the Government of Gujarat made the Gujarat Minor Mineral Rules, 1966. The said Rules came into force on April 1, 1966. All the leases in the matters before us were given in the form prescribed by the said Rules. Schedule I to the said Rules specified the rates at which royalty was payable and Schedule II specified the rates at which dead rent was payable. By the 1974 Notification the Government of Gujarat made the Gujarat Minor Mineral (Fourth Amendment) Rules, 1974, whereby Schedule I was substituted and Schedule II was amended with effect from December 1, 1974. Under the new Schedule I and the amended Schedule II the rates of royalty and dead rent in respect of certain minor minerals were enhanced. In view of several representations made to it, the Government of Gujarat decided not to implement the 1974 Notification and to refund the amount of royalty, if any, collected at the rates prescribed by the 1974 Notification. By the 1975 Notification the Government of Gujarat made the Gujarat Minor Mineral (Second Amendment) Rules, 1975, whereby Rule 21 of the said Rules and Schedule I were substituted with effect from November 1, 1975. By the said substituted Schedule I the rates of royalty in respect of several items were enhanced.

3. We may pause here to mention that the Appellant in Civil. Appeal No. 706 of 1981, Ambalal Manibhai Patel, filed a Writ petition in the Gujarat High Court, being Special Civil Application No. 66 of 1978, challenging the enhancement in the rate of royalty to Rs. 3 per metric tonne in respect of black trap and hard murrum specified in Item No. 4 of the said substituted Schedule I. The said wri