B.C. Basak, J.

These writ petitions represent a series or cases whereby the constitutional validity of the Bihar Restoration and Improvement or Degraded Forest Land Taxation Ordinance, 1992 (hereinafter referred to as the 'said Ordinance'), which has been replaced by the Bihar Restoration and Improvement of Degraded Forest Land Taxation Act (hereinafter referred to as ‘the said Act’) and the Rules framed thereunder have been challenged on various grounds. As common questions of law arise, all these cases have been heard together. The hearing or all these cases and the argument on behalf of all the learned Advocates appearing was concluded in the second week of November, 1993, when the judgment was reserved. However, filing or written arguments on behalf of all of them was completed about 10 days thereafter.

2. I shall set out the facts relevant to the points involved, in respect of the different writ petitions as follows :

(a) C.W.J.C. No. 1790 of 1992 (R)

Indian Aluminium Company Ltd.

The petitioner no. 1 is a Company incorporated under the Companies Act, which is engaged in the business of manufacturing and selling of aluminium and aluminium products.

The majority directors and share-holders of petitioner no. 1, including the petitioner no. 2, are citizens of India. It is stated that they carry on business through the instrumentality of petitioner no. 1. One of the basic raw materials required by the petitioner no. 1 for manufacturing aluminium is bauxite. Petitioner no. 1 holds six mining leases for mining of bauxite in the State of Bihar. The said leases have been granted under and in accordance with the Mines and Minerals (Regulation and Development) Act of 1957 (hereinafter referred to as 'the MMRD Act) and are executed in the form prescribed by the Mineral Concession Rules, 1960, (hereinafter referred to as Rules under M.M.R.D. Act). By one of the said mining leases dated 23rd of August, 1970, the State of Bihar had granted on lease, subject to the terms and conditions contained in the said mining lease, tracts of lands situate in village Hunrap, Serandag and Punari in the Registration District of Ranchi, Sub-District Lohardaga and Thana Kisko (Lohardaga), presently under (iumla District, containing an area 346.10 acres (equivalent to 140.06 hectares) or thereabouts. Clause 4(a) of Part III of the said lease provides as hereunder:

"4 (a) Notwithstanding anything in this schedule contained, the lessees shall not enter upon any reserved forest included in the said lands without previous sanction in writing of the Divisional Forest Officer nor fell out and use any timber of trees without obtaining the sanction in writing of that officer nor otherwise than in accordance with such conditions as the State Government may prescribe.

(b) (i) The mining leasees or their agents and workmen shall after the Divisional Forest Officer's permission has been accorded under clause 4 (a) of this Part III has the right and liberty at all times to enter upon any part of the private protected forest or reserved forest or Government protected forest under this lease without let or hindrance for purpose of prospecting, quarrying or mining but they shall do nothing in respect of any forest produce nor shall they disturb the surface in any way except as hereinafter provided.

(ii) Where prospecting, quarrying of mining operation does not involve the clearing or cutting any forest growth, it may be done without the permission of or without reference to the Forest Officer.

(iii) Where - prospecting, quarrying or mining involves clearance of undergrowth such as shrubs or bushes over an area not exceeding one-tenth of an acre, but does not involve the cutting of any tree or pole or saplings or bamboo, the clearance may be done without the permission of the Divisional Forest Officer, but a report thereof shall immediately be submitted to the Divisional Forest Officer. This right of the lessees shall be exercised only once every year.

(iv) Where prospec