JUDGMENT

MAJMUDAR, J.

( 1 ) 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 and Development) Act, 1957, (hereinafter referred to as the Act) is ultra vires the Constitution and secondly whether the Notification dated 1/08/1991 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 1/08/1991 issued by the Union of India fixing new rates of royalty on va