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2010 Supreme(SC) 316

P.SATHASIVAM, R.M.LODHA
State of Jharkhand – Appellant
Versus
Misrilall Jain & Sons – Respondent


Advocates appeared:
For the Appellants:M.S. Ganesh, Sr. Advocate, Anil Kr. Jha, Manoranjan Kr. Jha, S.K. Singh, K. Seskachary, Gopal Prasad, Advocates. For the Respondents:A.K. Ganguly, C.S. Vaidyanathan, Dr. G.C. Bharuka, S. Ganesh, S.B. Sanyal, Jagdeep Dhankhar, Sr. Advocates, Rajendra Singhvi, Anand Sen, Kaushal K.L. Gautam, Rohan Thwani, R.N. Karanjawala, Manik Karanjawala, Ms. Nandini Gore, Debmalya Banerjee, Ms. Sonia Nigam, Kartik Bhatnagar, M/s. Karanjawala & Co., Devashish Bharuka, Rishad Chowdhury, Shakurlal Agarwal, U.A. Rana, Ms. Mrinal Majumdar, Ms. Devina Shagal, Subhro Sanyal, S.K. Choudhary, Avinish Kumar, Sunil
K. Jain, Aneesh Mittal, Ajay K. Bhatia, Anip Sachthey, Mohit Paul, Shagun, Sherin Daniely, O.P. Bhandani, Brij Bhushan, Arijit Mazumdar, R.P. Goyal, Advocates.

Judgment :-

R.M. Lodha, J.

Leave granted.

2. In this group of 52 appeals by special leave, 46 are directed against the common judgment dated May 7, 2007 passed by the High of Jharkhand disposing of 46 writ petitions. The remaining 6 arise from separate judgments but following the judgment dated May 7, 2007. These appeals involve common issues and, accordingly, were heard together and are being disposed of by this common order.

3. The appellants in these appeals are State of Jharkhand and their officers (for short, `State Government'). The respondents are major mineral lease holders and minor mineral lease holders (for short, `lessees').

4. On June 17, 2005, the State Government through Department of Mines and Geology issued a Resolution regarding collection of surface rent on the area of mining leases at par with the land under commercial use whereby and whereunder the following decisions were taken:

"(a) The area held for minor and major mineral mining lease shall be treated as held for commercial purposes in accordance therewith the surface rent shall be collected on it.

(b) The annual land rent for the entire area held under minor and major mineral shall be equal to the 5% of the




















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