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1986 Supreme(SC) 54

V.D.TULZAPURKAR, D.P.MADAN
D. K. Trivedi And Sons: Ambalal Manibhai Patel – Appellant
Versus
State Of Gujarat – Respondent


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 refer


















































































































































































































































































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