Judgmenrt

S.P.BHARUCHA, J.

(1) LEAVE granted.

(2) IN these appeals the State of Tamil Nadu impugns the judgment and order dated 23/12/1992 of a division bench of the High court at Madras whereby Rules 8-D and 19-B and a part of Rule 19-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, ("the said Rules") made under the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 ("the said Act") were struck down as unconstitutional. The government orders by which these provisions were introduced into the said Rules were also quashed in part. A direction was issued to the appellant State to permit the respondents herein, being the petitioners upon whose writ petitions the judgments and orders were passed, to carry on quarrying operations and transport the material quarried without reference to the aforementioned rules, a subject to the payment of royalty and seigniorage.

(3)

RULE 19-A

Prior to 10/6/1992, Rule 19-A read thus:

"19-A. Permission for quarrying black, pink, red, grey, green and other coloured granites and any other rock required for use for decorative and ornamental purpose in ryotwari lands.- (1 Notwithstan