Judgment

THAKKAR, J.:- The High Court having struck down the Notification dated January 29, 1970 issued by the Central Government authorising the levy and collection of royalty on limestone at Rs. 1.25 per tonne, the State of Rajasthan which was recovering royalty at the aforesaid rate under the Mines and Minerals (Regulation and Development) Act, 1957 (Act) has approached this Court by way of these two allied appeals by special leave. The impugned Notification has been struck down by the High Court on the ground that the Central Government had enhanced the rate of royalty by virtue of the said Notification in disregard of the statutory embargo embodied in Cl. (b) of the proviso to S. 9(3)*1 of the Act which prohibits enhancement "more than once during any period of four years".*1

* 1. "S. 9 - Royalties in respect of mining leases.

(3) The Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the Notification :

Provided that the Central Government shall not :-

(a) x x x

(b) Enhance the rate of royalty in res