1. In this batch of writ petitions, in which common question of law and fact is involved therefore they are clubbed together and are being decided by common order, the petitioners seek to challenge the memo/letter dated 14-9-2015 by which the Secretary to the Government of India, Ministry of Mines, has directed that contribution towards the National Mineral Exploration Trust (NMET) established under Section 9C of the Mines and Minerals (Development and Regulation) Act, 1957 needs to be collected from the lessee with effect from 12-1-2015.

2. Essential facts requisite to adjudicate the lis between the parties are as under: -

(Facts of W.P.(C)No.1504/2016 are taken for adjudication)

2.(1) The Union of India by amendment in the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the MMDR Act') introduced an amendment by Amendment Act 10 of 2015 inserting Sections 9B and 9C providing for establishment of District Mineral Foundation and National Mineral Exploration Trust, respectively, and contribution to be made to the said Trusts.

2.(2) In this batch of writ petitions, the Court is concerned with the National Mineral Exploration Trust (NMET), as the question of contribution towards District Mineral Foundation has already been decided by Their Lordships of the Supreme Court in Transferred Case (Civil) No.43/2016 (Federation of Indian Mineral Industries and others v. Union of India and another 2017 SCC OnLine SC 1237).

2.(3) The Central Government in accordance with Section 9C (1) to (4) of the MMDR Act, framed rules known as the National Mineral Exploration Trust Rules, 2015 (for short, 'the NMET Rules'), which came into force with effect from 14-8-2015, in exercise of its rule making power conferred under Section 13 (1) of the MMDR Act. The Central Government also simultaneously constituted a Trust called as the National Mineral Exploration Trust with a governing body and executive committee with effect from 14- 8-2015 and brought into force from the same date. Thereafter, the Secretary to the Government of India, Ministry of Mines, by its demi-official letter dated 14-9-2015 informed to the Chief Secretary of the State of Chhattisgarh that since the amended provisions of the MMDR Act came into force from 12-1-2015, the liability of payment towards the NMET Fund accrues from 12-1-2015 on all royalty payments, therefore, the amount due towards the NMET Fund needs to be collected from the lessee with effect from 12-1-2015. In compliance of the said memo/demi-official letter, recovery notices have been issued by the respondents directing that NMET is payable @ 2% of the royalty applicable from 12-1-2015.

2.(4) In the aforesaid background, the demi-official letter dated 14-9-2015 and the demand notice dated 21-1-2016 have been called in question in this batch of writ petition stating inter alia that the rules indicating the manner of payment of contribution towards NMET have come into force with effect from 14-8-2015 and the NMET has been constituted with effect from 14-8-2015 and therefore no contribution towards the NMET can be recovered prior to 14-8-2015 and as such, the demand notice issued on that count and the consequent recovery are liable to be quashed.

2.(5) The Supreme Court by its order dated 30-8-2017 passed in Transferred Case (Civil) No.43/2016 (Federation of Indian Mineral Industries v. Union of India and another), has given liberty to the parties to approach the High Court so far as the NMET is concerned.

3. No return has been filed on behalf of the respondents, though opportunity was granted from time to time to file counter-affidavit.

4. Mr. Bhaskar Payashi and Ms. Shruti Choudhary, learned counsel, opening argument on behalf of the writ petitioners, would submit that prescription of the date of recovering contribution of NMET from 12-1-2015 is contrary to the facts and law declared by the Supreme Court in Federation of Indian Mineral Industries (supra). They would also submit that under Section 9C