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2021 Supreme(Raj) 1039

SANGEET LODHA, RAMESHWAR VYAS
Hindustan Zinc Limited – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.N. Mathur, Sachin Acharya, Akhilesh Rajpurohit and Manvendra Singh Bhati
For the Respondents:Sandeep Shah, Additional Advocate General, Akshiti Singhvi, Abhimanyu Singh, Mukesh Rajpurohit, ASG and Navdeep Singh Birkh

ORDER :

Sangeet Lodha, J.

1. The matter comes up on an application (IA No. 2/19) preferred by the respondents for vacating the interim order dated 8.8.16 passed by this Court, which reads as under:

    "In the meanwhile, the respondents are restrained from taking any coercive action against the petitioner for the liability arising under the District Mineral Foundation Rules, 2016 for the period prior to 31.5.2016."

2. By way of this writ petition, the petitioner has questioned vires of Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 ('Act of 1957'), Rule 1(3) of District Mineral Foundation Trust Rules, 2016 ('the Rules of 2016') and Rule 2 of Mines & Minerals (Contribution to District Mineral Foundation) Rules, 2015 ('the Rules of 2015'). The petitioner has also questioned legality of order dated 16.9.15 issued by the Ministry of Mines, Government of India, directing that the District Mineral Foundation established under Section 9B of the Act of 1957 shall be deemed to have come into force from 12.1.15, the order dated 8.7.16 issued by the Director, Mines, Rajasthan, directing recovery of contribution to District Mineral Fund (DMF) from the mining lease holder

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