B.L.HANSARIA, KULDIP SINGH, S.B.MAJMUDAR
State Of M. P. – Appellant
Versus
Mahalakshmi Fabric Mills LTD. – Respondent
JUDGMENT
MAJMUDAR, J.:—Leave granted in both the petitions.
2. Two main questions are involved in these four appeals, namely, whether Section 9(3) of the Mines and Minerals (Regulation & Development) Act, 1957, (hereinafter referred to as the Act) is ultra vires the Constitution and secondly whether the Notification dated 1st August 1991 issued by the Central Government under Section 9(3) of the Act is ultra vires, illegal and inoperative in law. On these common questions we have heard learned counsel for the contesting parties and are, therefore, disposing of these appeals by this common judgment.
3. A few relevant facts leading to these cases may be stated at the outset. Appellants in C.A. Nos. 275/94 and 276/94 being State of M.P. and Union of India respectively, were respondent before the High Court is Special Civil Miscellaneous Petition No. 10/93. The respondent in these appeals were the original writ petitioners in the High Court. These respondents are purchasers of coal from Coal India Ltd. which was respondent No.3 in writ petition. The writ petitioners complained that the Notification dated 1st August, 1991 issued by the Union of India fixing new rates of royalty on various
explained and followed : India Cement Ltd. v. State of T.N.
relied on : Baijnath Kedia v. State of Bihar
referred to : International Tourist Corpn. v. State of Haryana
State of Mysore v. D. Cawasji and Co.
H.R.S. Murthy v. Collector of Chittoor
relied on : M.K. Papiah v. Excise Commr.
Delhi Cloth and General Mills Co. Ltd. v. Union of India
O. K. Trivedi and Sons v. State ofGujarat
followed : orissa Cement Ltd. v. State of orissa
referred to : S. Pratap Singh v. State of Punjab
State of Haryana v. Chanan Mal
relied on : Federation of Hotel and Restaurant v. Union of India
Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India
Referred to : orissa Cement Ltd. v. State of orissa
India Cement Ltd. v. State of T.N.
Baijnath Kedia v. State of Bihar
International Tourist Corpn. v .State of Hary ana
State of Mysore v. D. Cawasji and Co.
H.R.S. Murthy v. Collector of Chittoor
Delhi Cloth and General Mills Co. Ltd. v. Union of India
D.K. Trivedi and Sons v. State of Gujarat
S. Pratap Singh v. State of Punjab
State of Haryana v. Chanan Mal
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