ORDER :

ARIJIT PASAYAT, L.S. PANTA, JJ.

Heard.

Challenge in these appeals is to the judgment, Central Coalfields Ltd. v. State of Jharkhand, LPA No. 288 of 2001, order dated 29-11-2002 (Jhar) passed by a Division Bench of the Jharkhand High Court. The basic issue related to the scope and ambit of Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (in short "the Act"). The stand of the appellant before the High Court was that it is liable to pay royalty only on the minerals (in the instant case "coal") removed by it from the leased area after segregating minerals and other non-minerals from it. The stand of the State on the other hand was that royalty has to be calculated on what is removed from the mines and not what is ultimately removed from the leased area.

2. Though the High Court found substance in the plea of the appellant, yet it was noted that in view of the decision of this Court in State of Orissa v. Sail, (1998) 6 SCC 476 it was not in a position to grant relief to the appellant.

3. The learned counsel for the appellant submitted that there is practically no discussion in SAIL case, (1998) 6 SCC 476 as to why this Court accepted the stand of the appell