JUDGMENT :

[Sujit Narayan Prasad, J.]

1. Both these writ petitions since having the same issue, as such, have been heard together and are being disposed of by this common judgment/order.

2. Both the writ petitions have been filed under Article 226 of the Constitution of India praying for the following reliefs :

“(a) For issuance of an appropriate writ(s), order(s) or direction(s) declaring that part of the notification no. Kha.Ni.(Niti)-04/2018-1509/M dated 16.09.2019 (Annexure-4) published in the Jharkhand Gazette Extraordinary no.730 dated 19.09.2019 issued by the Department of Mines & Geology, Government of Jharkhand, as unconstitutional and ultra vires by which the rate of dead rent for China Clay has been enhanced to Rs.40,000/- per acre/year;

(b) Upon declaring that part of notification no. Kha.Ni.(Niti)- 04/2018-1509/M dated 16.09.2019 published in the Jharkhand Gazette Extraordinary no.730 dated 19.09.2019 as unconstitutional an ultra vires be further pleased to quash and set aside the same and consequently restrain the respondents from giving effect to or acting pursuant to that part of the notification no. Kha.Ni.(Niti)- 04/2018-1509/M dated 16.09.2019 published in the Jharkhand Gazette Extraordinary no.730 dated 19.09.2019 by which the rate of dead rent for the mineral China Clay has been enhanced to Rs.40,000/- per acre/year.”

3. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated, reads as hereunder:

According to the petitioners, the mineral-China Clay was initially a major mineral and was governed by the provisions of the Mines & Minerals (Development & Regulation) Act, 1957, hereinafter referred to as “the Act, 1957”, and the Mineral Concession Rules, 1960, hereinafter referred to as “the Act, 1960”.

The Central Government, in exercise of power conferred by Clause (e) of Section 3 of the MMDR Act, declared the China Clay to be a minor mineral vide a notification bearing no.SO 423(E) dated 10.02.2015. Further fact of the case is that the lease deed was executed between the petitioners’ company and the Government of Bihar in relation to mineral-China Clay for an area of 38.400 hectares so far as it relates to W.P.(C) No.7285 of 2019 for a period of 10 years w.e.f. 09.01.1979 and 68.615 hectares of land so far as it relates to W.P.(C) No.6883 of 2019 w.e.f. 14.11.1963. The license lease had also been extended. However, on 10.02.2015, China Clay was notified as a minor mineral, as such, the lease of the petitioners were extended in terms of the Jharkhand Minor Minerals Concession Rules.

The case of the petitioners is that, so far as the major minerals are concerned, the payment of royalty and dead rent is governed by Section 9 or Section 9A, as the case may be, read with 2nd Schedule or 3rd Schedule appended to the Act. The grievance of the petitioners is that the rate of dead rent for China Clay was increased by the Central Government to Rs.2,000/- per acre but subsequently came under the category of minor mineral from major mineral. The State of Jharkhand resorting to the provisions of Jharkhand Minor Concession Rules, issued a notification on 19.09.2019, whereby the rates of royalty and dead rent of various minor minerals have been increased from Rs.2,000/- per acre to Rs.40,000/- per acre/per year. In the backdrop of such enhancement of the dead rent, the instant writ petitions have been filed questioning the decision of the authority of the State of Jharkhand for raising the rate in such an exorbitant manner.

4. Mr. Indrajit Sinha, learned counsel for the petitioners submits that since the quantum of dead rent has been enhanced from Rs.2,000/- per acre to Rs.40,000/- per acre that too without any valid reason, therefore, the same requires to be struck down. He further submits that by virtue of an order passed by this Court in the instant writ petitions, that