The State Of Jharkhand Through The ... vs Ms Rsr Infra Jgb Jv Through Its Power Of ... on 28 June, 2016

[Cites 8, Cited by 16]

Jharkhand High Court

The State Of Jharkhand Through The ... vs Ms Rsr Infra Jgb Jv Through Its Power Of ... on 28 June, 2016

Equivalent citations: 2016 (4) AJR 730, (2017) 1 JCR 56 (JHA)

Bench: D. N. Patel

                                        1                         LPA No.705 of 2015 & Ors

     IN   THE   HIGH   COURT   OF   JHARKHAND   AT     RANCHI
                     L.P.A. No.705 of 2015
                                With
                      I.A. No.6596 of 2015 
                                With
                      I.A. No. 6597 of 2015
1.   The State of Jharkhand through the Secretary, Mines Department, 
     Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, 
     District Ranchi
2.   The   District   Mining   Officer,   Latehar,   P.O.   &   P.S.,   Latehar,   District 
     Latehar
3.   District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag
                                                     ...      ...       ...       Appellants
                             Versus
1.   M/s.MRKR Pallavi Upkar JV through its authorized signatory M. 
     Vasudeva   Reddy,   son   of   Sathi   Reddy   having   its   office   at   63
     347/22/10/2

, 101, Sai Villa Apartments, Dwarkapuri Colony, Panjagutta, P.O. & P.S. Erra Manzi, District Hyderabad

2. East Central Railways, having its head quarter at Hazipur, District Hazipur, Bihar represented through Chief Administrative Officer having its office at Hazipur, P.O., P.S. & District Hazipur, Bihar

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.707 of 2015 With I.A. No.6627 of 2015 With I.A. No. 6628 of 2015 2 LPA No.705 of 2015 & Ors

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Latehar, P.O. & P.S., Latehar, District Latehar

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. M/s MRKR Pallavi Upkar JV through its authorized signatory M. Vasudeva Reddy, son of Sathi Reddy having its office at 63 7/22/10/2, 101, Sai Villa Apartments, Dwarkapuri Colony, Panjagutta, P.O. & P.S. Erra Manzi, District - Hyderabad

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.708 of 2015 With I.A. No. 6629 of 2015 With I.A. No. 6630 of 2015

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Latehar, P.O. & P.S., Latehar, District Latehar

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag 3 LPA No.705 of 2015 & Ors ... ... ... Appellants Versus

1. M/s RSR Infra JGB (JV) through its Power of Attorney Holder K. Sathyanarayana Raju, son of late K.D. Raju having its office at 1 st 11 Floor, B Sahu Complex Murpa More Balamath PO & PS Balamath Dist. Latehar

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.183 of 2016 With I.A. No.2075 of 2016 With I.A. No. 2076 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Giridh, P.O. & P.S., Giridh, District Giridih

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. M/s. Royal Infraconstru Ltd. having its office at 18, R.N. Mukherjee Road, 6th Floor Kolkatta PO & PS Kolkatta represented through its Project Manager Pintu Banerjee, S/o Shambhu Nath Banerjee R/o 20/11, Ranapratap Road, Azone, Durgapur, Burdwan, Pin 713204 4 LPA No.705 of 2015 & Ors PO Ashoke Avenue, PS Aurobindo Thana Distt. Burdwan (W.B.)

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.184 of 2016 With I.A. No.2077 of 2016 With I.A. No. 2078 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Koderma, P.O. + P.S., & District -

Koderma

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. Bkb Transport (P) Ltd., a company registered under the Indian Companies Act, having its office at New Road, P.O. Phusro Bazar, District Bokaro through Saurabh Kumar Agarwal, son of Madan Mohan Agarwal, Resident of New Road, P.O. Phusro Bazar, District Bokaro

3. Chief Administrative Officer (Construction), East Central 5 LPA No.705 of 2015 & Ors Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.189 of 2016 With I.A. No. 2138 of 2016 With I.A. No. 2139 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Koderma, P.O. + P.S. & District -

Koderma.

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. M/s. Royal Infraconstru Ltd. having its office at 18, R.N. Mukherjee Road, 6th Floor, Kolkata, P.O. & P.S. Kolkata, represented through its Project Manager, Pintu Banerjee, S/o Shambhu Nath Banerjee, R/o 20/11, Rana Pratap Road, AZone, Durgapur, Burdwan, P.O. Ashoke Avenue, P.S. Aurobindo Thana, District Burdwan (W.B.) Pin 713204

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar 6 LPA No.705 of 2015 & Ors ... ... ... Respondents WITH L.P.A. No.191 of 2016 With I.A. No. 2176 of 2016 With I.A. No. 2177 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Latehar, P.O. & P.S., Latehar, District Latehar

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. M/s RAUSIGS (JV), a joint venture firm through its authorized Signatory K. P. Naidu son of K. Janardhana Naidu having its office at Haria Mod, Chandwa, PO & PS Chandwa, Dist. Latehar (Jharkhand)

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.192 of 2016 With I.A. No.2178 of 2016 With I.A. No. 2179 of 2016 7 LPA No.705 of 2015 & Ors

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Saraikella Kharsawan, P.O. + P.S. & District Saraikella Kharsawan.

3. District Mining Officer, Chaibasa, P.O. & P.S. Chaibasa, District -

                West Singhbhum
                                                                    ... ...       ...            Appellants
                                                   Versus

1. M/s. Triveni Engicons Pvt. Ltd., a Company registered under the Companies Act, 1956 having its registered office at 3/6, HS Tower, L. Road, Bistupur, Jamshedpur, District Singhbhum East, Jharkhand through its authorized signatory Shri Subir Kumar Dutta, aged 63 years, son of Late Sudhir Chandra Dutta, Resident of - Flat No. 104, Sabu Madhusudan iketan, Reversmeet Road (Near Mouni Baba Temple), Sonari, P.O. & P.S. Sonari, Jamshedpur, District Singhbhum East

2. South Eastern Central Railways, having its Head Quarter at Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata

3. Chief Administrative Officer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

4. Chief Engineer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

5. Chief Engineer (Construction II), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata ... ... ... Respondents WITH L.P.A. No.193 of 2016 With I.A. No.2180 of 2016 With I.A. No. 2181 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, 8 LPA No.705 of 2015 & Ors District Ranchi

2. The District Mining Officer, Koderma, P.O. & P.S., Latehar, District Latehar

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Latehar ... ... ... Appellants Versus

1. M/s RAUSSCL (JV) a joint venture firm through its authorized signatory K.P. Naidu, son of K. Janardhana Naidu having its office at Haria Mod, Chandwa, P.O. & P.S.Chandwa, District Latehar (Jharkhand)

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.194 of 2016 With I.A. No. 2182 of 2016 With I.A. No. 2183 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Chaibasa, P.O. + P.S. & District Chaibasa

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag

4. District Mining Officer, Latehar, P.O. + P.S. & District - Latehar.

                                                                    ... ...       ...            Appellants
                                                             9                 LPA No.705 of 2015 & Ors

                                                   Versus

1. Jaishiv Constructions Pvt. Ltd., having its office at Bano Manzil Road, Ranchi through one of its Director, Y.N. Singh, son of Late J.P. Singh, Resident of Bano Manzil Road, Ranchi, P.O.G.P.O., P.S. Sukhdeonagar, District Ranchi

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.195 of 2016 With I.A. No.2196 of 2016 With I.A. No. 2197 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Hazaribagh, P.O. + P.S. & District Latehar ... ... ... Appellants Versus

1. M/s Kashi Construction, a partnership firm through its partner Kamal Kant Singh son Late Triveni Prasad Singh, resident of Village Mehdhai PO Bhagwanpur PS Bhagwanpur Dist Begusarai Bihar

3. Chief Administrative Officer (Construction), East Central 10 LPA No.705 of 2015 & Ors Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.196 of 2016 With I.A. No.2199 of 2016 With I.A. No. 2200 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Saraikella Kharsawan, P.O. + P.S. & District Saraikella Kharsawan.

3. District Mining Officer, Chaibasa, P.O. & P.S. Chaibasa, District -

                West Singhbhum
                                                                 ... ...       ...            Appellants
                                                   Versus

1. M/s Triveni Engicons Pvt. Ltd., a Company registered under the Indian Companies Act, 1956 having its registered office at 3/6, HS Tower, L. Road, Bistupur, Jamshedpur, District Singhbhum East, Jharkhand through its authorized signatory Shri Uttam Kumar Mallick, aged 56 years, son of Late Sudhir Kumar Mallick, Resident of - Flat No. K/F6, Kantilal Gandhi Memorial Hospital Campus, South Park, P.O. & P.S. Bistupur, Jamshedpur, District East Singhbhum (Jharkhand)

2. South Eastern Central Railways, having its Head Quarter at Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata

3. Chief Administrative Officer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

4. Chief Engineer (Construction), South Eastern Railway, Garden 11 LPA No.705 of 2015 & Ors Reach, Kolkata, P.O. + P.S. & District - Kolkata.

5. Chief Engineer (Construction II), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata ... ... ... Respondents WITH L.P.A. No.197 of 2016 With I.A. No.2201 of 2016 With I.A. No. 2202 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Latehar, P.O. & P.S., Latehar, District Latehar

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Latehar ... ... ... Appellants Versus

1. M/s MRKRPallaviUpkar JV, through its authorized signatory M. Vasudeva Reddy, son of Sathi Reddy having its office at 63347/ 22/10/2, 101, Sai Villa Apartments, Dwarkapuri Colony, Panjagutta, P.O. & P.S. Erra Manzi, District Hyderabad

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.198 of 2016 12 LPA No.705 of 2015 & Ors With I.A. No. 2203 of 2016 With I.A. No. 2204 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Koderma, P.O. & P.S., Koderma, District Koderma

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. Bhardwaj Construction Company Pvt. Ltd., having its registered office at 25C, Road No. 1, Ashok Nagar, Ranchi, Jharkhand 834002 through one of its Director Shri Jai Durga Pathak, son of late Lambodar Pathak, Resident of 25C, Road No. 1, Ashok Nagar, P.O. Ashok Nagar, P.S. Argora, District Ranchi, Jharkhand

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.199 of 2016 With I.A. No.2206 of 2016 With I.A. No. 2207 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, 13 LPA No.705 of 2015 & Ors Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Koderma, P.O. & P.S., Koderma, District Koderma

3. District Mining Officer, Hazaribagh, P.O., P.S. & District Hazaribag ... ... ... Appellants Versus

1. Saurabh Kumar and Brothers, a Partnership concern having its office at and P.O. Jaridih Bazar P.S. Gandhi Nagar, District Bokaro through one of its partner Saurabh Kumar Agarwal, son of Sri Madan Mohan Agarwal, Resident of at and P.O. Jaridih Bazar, P.S. Gandhinagar, District Bokaro

3. Chief Administrative Officer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar

4. Chief Engineer (Construction), East Central Organization (Construction Organization), East Central Railways, Mahendru Ghat, First Floor, P.O., P.S. & District Patna, Bihar ... ... ... Respondents WITH L.P.A. No.200 of 2016 With I.A. No. 2231 of 2016 With I.A. No. 2232 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, The District Mining Officer, Saraikella Kharsawan, P.O. + P.S. & District Saraikella Kharsawan.

3. District Mining Officer, Chaibasa, P.O. & P.S. Chaibasa, District -

                                                         14                   LPA No.705 of 2015 & Ors

                West Singhbhum
                                                                 ... ...       ...            Appellants
                                                   Versus

1. M/s Triveni Engicons Pvt. Ltd., a Company registered under the Companies Act, 1956 having its registered office at 3/6, HS Tower, L. Road, Bistupur, Jamshedpur, District Singhbhum East, Jharkhand through its authorized signatory Shri Subir Kumar Dutta, aged 63 years, son of Late Sudhir Chandra Dutta, Resident of - Flat No. 104, Sabu Madhusudan iketan, Reversmeet Road (Near Mouni Baba Temple), Sonari, P.O. & P.S. Sonari, Jamshedpur, District Singhbhum East.

2. South Eastern Central Railways, having its Head Quarter at Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata

3. Chief Administrative Officer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

4. Chief Engineer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

5. Chief Engineer (Construction II), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata ... ... ... Respondents WITH L.P.A. No.201 of 2016 With I.A. No.2233 of 2016 With I.A. No. 2234 of 2016

1. The State of Jharkhand through the Secretary, Mines Department, Govt. of Jharkhand officiating at Nepal House, P.O. & P.S. Doranda, District Ranchi

2. The District Mining Officer, Saraikella Kharsawan, P.O. + P.S. & District Saraikella Kharsawan.

3. District Mining Officer, Chaibasa, P.O. & P.S. Chaibasa, District -

                West Singhbhum
                                                                 ... ...       ...            Appellants
                                                         15                LPA No.705 of 2015 & Ors

                                                   Versus

2. South Eastern Central Railways, having its Head Quarter at Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata

3. Chief Administrative Officer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

4. Chief Engineer (Construction), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata.

5. Chief Engineer (Construction II), South Eastern Railway, Garden Reach, Kolkata, P.O. + P.S. & District - Kolkata ... ... ... Respondents CORAM: HON'BLE MR. JUSTICE D. N. PATEL HON'BLE MR. JUSTICE AMITAV K. GUPTA For the Appellants: M/s. Ajit Kumar, A.A.G. For the Respondents: M/s. Rajiv Ranjan, Shrestha Gautam, Vishal Kumar Trivedi 07/Dated: 28th June, 2016 Per D.N. Patel, J (Oral Judgment) I.A. Nos.6596/2015, 6627/2015, 6629/2015, 2075/2016, 2077/2016, 2139/2016, 2176/2016, 2178/2016, 2180/2016, 2182/2016, 2196/2016, 2199/2016, 2201/2016, 2203/2016, 2207/2016, 2232/2016 and 2233/2016

1) These interlocutory applications under Section 5 of the Limitation Act have been filed by the appellants for condonation of delay in preferring the instant appeals.

2) Having heard learned counsel and looking to the reasons stated in 16 LPA No.705 of 2015 & Ors the interlocutory applications, there are reasonable reasons for condoning the delay in preferring the appeals.

3) Accordingly, aforesaid Interlocutory Applications are allowed and delay in filing the respective appeals is condoned. L.P.A. No.705 of 2015 & other allied cases

4) These aforesaid Letters Patent Appeals are arising out of the judgment delivered by learned Single Judge in W.P. (C) No.4737 of 2014 and other allied matters decided by a common judgment dated 25th March, 2015, whereby the petitions were allowed and it was held by the learned Single Judge that ordinary earth is not covered by Entry 5 of the notification issued by the State of Jharkhand dated 27th December, 2010 (Annexure 6 to the memo of appeals). It has been further held by learned Single Judge that no charge have been prescribed by the State of Jharkhand for the mines and mineral - ordinary earth and, hence, has not prescribed the rates & charge for the mineral mines "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" and it has also been held by the learned Single Judge that the State is hereby prohibited from recovering royalty from "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building". Being dissatisfied with the said judgment delivered by learned Single Judge in W.P. (C) No.4737 of 2014 and other allied matters vide judgment dated 25th March, 2015, these Letters Patent Appeals have been preferred by the State of Jharkhand (original respondents).

5) FACTUAL MATRIX ● By the erstwhile State of Bihar, a notification was issued on 28th September, 1994 (Annexure 10) under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (herein after referred to as 'the Act, 1957' for the sake of brevity) prescribing the rate of royalty and as per Entry 3 thereof, ordinary clay which is used for manufacturing Raniganj tiles and commercial use, the rate of royalty was fixed at Rs.15/ per cubic meter. ● A notification was issued by the Central Government, Ministry of Mines dated 03.02.2000 (Annexure 4) under Section 3(c) of the Act, 17 LPA No.705 of 2015 & Ors 1957 declaring "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" to be as 'minor mineral'.

● The State of Jharkhand has issued a notification dated 2nd November, 2004 under Section 15 of the Act, 1957 amending the earlier notification dated 26th July, 2004. This notification was made effective from 28th September, 1994 prescribing the rate of royalty for mines and mineral and looking to Entry 5 of the notification dated 02.11.2004, ordinary clay used for manufacturing of Raniganj Tiles and commercial use, the new rate has been prescribed at Rs.15/ per cubic meter.

● A further notification has been published by the State of Jharkhand dated 27th December, 2010 (Annexure 6) issued under Section 15 of the Act, 1957 and now the rate of royalty has been fixed at Rs.24/ per cubic meter for ordinary clay/clay used for manufacturing of Raniganj Tiles and commercial use. As per Clause 5 and as per Clause 19, "all other mines minerals not herein before specified" for this entry 10% of sale price on ad valorem basis is prescribed as the rate of royalty.

● The respondents in all the aforesaid Letters Patent Appeals, who are original petitioners in the writ petitions before the learned Single Judge, were using "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" . ● The railway authorities have deducted royalty at the rate of Rs.24 per cubic meter under Entry 5 of the notification of the State of Jharkhand dated 27th December, 2010 (Annexure6). Being aggrieved and feeling dissatisfied by this action of the original respondents, the writ petitions were preferred by the contractors mainly on the ground that ordinary earth, though is a 'minor mineral' as per Central Government notification dated 3rd February, 2000 issued by the Ministry of Mines (Annexure4), no rate of royalty has ever been prescribed by the State of Jharkhand by issuing notification under Section 15 of the Act, 1957 for "ordinary earth used for filling or 18 LPA No.705 of 2015 & Ors leveling purposes in construction of embankment, roads, railways, building" and the deductions made by the Railway authorities of the royalty treating the earth as ordinary clay, is absolutely against the provisions of the Act, 1957 and also violative of the rules made thereunder and is also violative of the notification issued by the competent authorities. The learned Single Judge allowed the writ petitions and, hence, original respondentState of Jharkhand has preferred these Letters Patent Appeals.

6) ARGUMENT CANVASSED BY THE COUNSEL FOR THE STATE OF JHARKHAND:

● Additional Advocate General of the State submitted that looking to the notification issued by the Central Government, Ministry of Mines dated 03.02.2000 (Annexure4) "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" is already declared as a 'minor mineral' under Section 3(e) of the Act, 1957 and the original petitioners are using huge quantity of ordinary earth for the said purposes and, hence, they are liable to make payment of royalty to the State of Jharkhand. ● Additional Advocate General of the State has relied upon the notification issued initially by the erstwhile State of Bihar dated 28th September, 1994 (Annexure10), Clause 3 thereof, which was later on modified by the State of Jharkhand's notification dated 2nd November, 2004 (Annexure6) to be read with the notification issued by the State of Jharkhand dated 27th December, 2010 (Annexure6). It is submitted by the Additional Advocate General of the State that if the ordinary clay is used for commercial purposes as per State of Jharkhand's notification dated 27th December, 2010, the respondents (original petitioners) are liable to make payment of royalty at the rate of Rs.24 per cubic meter of ordinary clay as per Entry 5 of the aforesaid notification. The use of ordinary clay for railway purposes is a commercial use. The respondents are not engaged in any philanthropic or charitable activity. They are earning from the commercial activities undertaken by them in a contract between the Railways and the respondents.

19 LPA No.705 of 2015 & Ors

● Alternatively, it is submitted by the Additional Advocate General of the State that there is also one more clause viz., Entry 19 which is residuary clause for which also, there is a prescribed rate of royalty at the rate of 10% of the sale price on ad valorem basis. ● Thus, once ordinary earth is already notified by the Central Government, Ministry of Mines, vide their notification dated 3 rd February, 2000 as 'minor mineral' in exercise of the powers conferred under Section 3(e) of the Act, 1957, the commercial user of the "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" is liable to make payment of royalty, in view of the notification dated 27th December, 2010 issued by the State of Jharkhand under Section 15 of the Act, 1957. This aspect of the matter has not been properly appreciated by the learned Single Judge and, hence, the judgment and order delivered by the learned Single Judge dated 25th March, 2015 in W.P.(C) No. 4737 of 2014 and other allied matters for which these Letters Patent Appeals have been preferred, deserve to be quashed and set aside. ● The residuary clause has been completely lost sight by the learned Single Judge which is Entry 19 of the very same notification dated 27th December, 2010 and, thus, even if the respondents (original petitioners) are not liable to make payment of royalty under Entry 5 of the said notification, they are covered by the residuary Entry 19 thereof. This aspect of the matter has also not been properly appreciated by the learned Single Judge. In fact, there is nothing like royalty at the rate of 10% for the minor minerals. If any mineral is declared as a 'minor mineral' by the Central Government in exercise of powers conferred upon Central Government under Section 3(e) of the Act, 1957, all such minor minerals, which are not covered under Entry 1 to 18 of the notification dated 27 th December, 2010 issued by the State of Jharkhand, are covered under Clause 19 thereof and for all such types of minor minerals which are not covered in Entry 1 to 18, are liable for payment at the rate of 10% of the sale price on ad valorem basis. This aspect of the matter has also not been properly 20 LPA No.705 of 2015 & Ors appreciated by the learned Single Judge and, hence, the judgment and order delivered by the learned Single Judge deserves to be quashed and set aside.

7) ARGUMENT CANVASSED BY THE RESPONDENTS (ORIGINAL PETITIONERS):

● Learned counsel appearing for the respondents (original petitioners) mainly submitted that it is true that "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" have been declared as a 'minor mineral' by the Central Government in exercise of the powers under Section 3(e) of the Act, 1957, but, no rate of royalty has ever been prescribed by the State of Jharkhand by notification under Section 15 of the Act, 1957 for its "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building". This aspect of the matter has been properly appreciated by the learned Single Judge. ● It is further submitted by the learned counsel for the respondents (original petitioners) that there is a vast difference between 'ordinary clay' and 'ordinary earth'. Ordinary clay is a refined ordinary earth. Ordinary earth can be ordinary clay, but, ordinary clay may not be always ordinary earth and, therefore, if the royalty prescribed for the ordinary clay for Raniganj Tiles and commercial use, will not cover the use of ordinary earth by the said Entry. For ordinary earth, separate notification under Section 15 of the Act, 1957 ought to have been issued by the State of Jharkhand. This aspect of the matter has been properly appreciated by the learned Single Judge and thereby rightly the learned Single Judge has held that the State cannot recover royalty on usage of the ordinary earth, even for commercial purposes.

● Learned counsel appearing for the respondents (original petitioners) further submitted that this issue has already been decided by the Hon'ble Patna High Court in the case of Hindustan Steel Works Construction Ltd Vs State of Bihar & Ors reported in 2007(2) PLJR 849 especially from paragraph 18 onwards and at length the 21 LPA No.705 of 2015 & Ors difference between 'ordinary clay' and 'ordinary earth' has been pointed out. It has been held by the Hon'ble Patna High Court that for usage of the ordinary earth, royalty cannot be charged, which could have been charged for the usage of the ordinary clay. Against the said judgment, the State of Bihar has preferred S.L.P. (Civil) No. 16330 16333 of 2007 before the Hon'ble Supreme Court, which was dismissed by the an dated 17th September, 2007.

● Thus, in absence of any notification issued by the State of Jharkhand prescribing the rate of royalty for the usage of "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building", the State of Jharkhand cannot charge any royalty from the respondents (original petitioners) and, hence, these Letters Patent Appeals may not be entertained by this Court.

8) R E A S O N S: Having heard learned counsels for both sides and looking to the facts and circumstances of the case, we hereby quash and set aside the judgment and order delivered by the learned Single Judge in W.P.(C) No.4737 of 2014 with in W.P.(C).No.1596 of 2013 with W.P.(C)No.1602 of 2013 with W.P.(C)No.1603 of 2013 with W.P.(C) No.1790 of 2013 with W.P. (C) No.1795 of 2013 with W.P.(C) No.1860 of 2013 with W.P.(C) No.4566 of 2013 with W.P.(C) No.4569 of 2013 with W.P.(C) No.2117 of 2014 with W.P.(C) No.2127 of 2014 with W.P.(C) No.2138 of 2014 with W.P.(C) No.2658 of 2014 with W.P.(C) No.2687 of 2014 with W.P.(C) No.5244 of 2014 with W.P.(C) No.395 of 2015 with W.P.(C) No.1096 of 2015 all dated th 25 March, 2015 mainly for the following facts and reasons :

(i) Learned counsels appearing for both the sides have read and reread the following provisions VIZ. Section 3(e) & Section 15 of the Act, 1957 during the course of arguments, which are referred herein below for the ready reference:

"3(e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral"

22 LPA No.705 of 2015 & Ors

"15. Power of State Governments to make rules in respect of minor minerals.- (1) The State Government may, by notification in the Official Gazette, make rules for regulating the grant of (query leases, mining leases or other mineral concessions) in respect of minor minerals and for purposes connected herewith. [(1-A) .............................................

(a) .............................................

(b) ...........................................

(c) ..........................................

(d) .........................................

(e) ........................................

(f) ........................................

(g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable;

(h) ........................................

(i) ........................................

(j) ........................................

(k) ........................................

(l) ........................................

(m) ........................................

(n) ........................................

(o) ........................................]"

(emphasis supplied)

(ii) The Central Government, Ministry of Mines in exercise of the powers under Section 3(e) of the Act, 1957 has issued a notification dated 3rd February, 2000 declaring "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" to be a 'minor mineral' in addition to the minerals already declared as 'minor minerals' (Annexure4 to the memo of these Letters Patent Appeals).

(iii) Thus, for this minor mineral, now the State Governments are at liberty to prescribe the rate of royalty to be published in the notification under Section 15 of the Act, 1957.

(iv) The State of Bihar has prescribed such rates of royalty for ordinary clay used for manufacturing Raniganj Tiles and commercial use as per Annexure10 to the memo of these Letters Patent Appeals.

(v) Upon bifurcation of the State of Jharkhand, notification was issued by the State of Jharkhand dated 2nd November, 2004 altering 23 LPA No.705 of 2015 & Ors the rates of royalty with some modifications in the notification dated 28th September, 1994, because earlier notification of the erstwhile State of Bihar was dated 28th September, 1994.

(vi) Later on, one more notification was issued for modification of the earlier notification by the State of Jharkhand which is dated 27th December, 2010 (Annexure6). Entry 5 and Entry 19 of the notification read as under: 5 Ordinary clayclay used for 24 per cubic meter manufacturing of Raniganj tiles and commercial use 19 All other minor minerals not here 10% of sale price on ad in before specified valorem basis

(vii) It appears that under Entry 5, Railway authorities have deducted royalty @ Rs.24 from the running bills of the respondents (original petitioners). In fact, the railway authorities have deducted the amount at double the rate of royalty. Be that as it may. The fact remains that Clause 5 of the notification of the State of Jharkhand dated 27th December, 2010 was made operative and the respondents were aggrieved by this and, hence, they had preferred writ petitions, which were allowed and, therefore, these Letters Patent Appeals have been preferred by the original respondents i.e. the State of Jharkhand.

(viii) Much has been argued about difference between "ordinary clay' and 'ordinary earth". 'Ordinary clay' is a refined ordinary earth, as submitted by learned counsel for the respondents. Ordinary earth can be ordinary clay, but, it is not true that ordinary clay is always ordinary earth. Looking to the decision rendered by the Hon'ble Patna High Court in the case of Hindustan Steel Works Construction Ltd Vs. State of Bihar & Ors reported in 2007(2) PLJR 849, it has been held in paragraphs 19 to 24 as under: "19. The Central Government in exercise of the powers conferred by clause (3) of Section 3 of the Act issued notification No.GSR 1995(E) dated 3.2.2000 declaring the "ordinary earth used for filling or levelling purposes in construction of embankment, road, railways, 24 LPA No.705 of 2015 & Ors building" to be a minor mineral in addition to the minerals already declared as minor minerals.

20. The notification, dated 3.2.2000 leaves no room for doubt that the expression "ordinary clay" used in Section 3(e) of the Act did not cover "ordinary earth used for filling or levelling purposes ....." and the latter came to be included in the list of minor minerals with effect from 3.2.2000, the date of issuance of the notification. It remained now for the State Govt. to make rules for fixing and collection of royalty etc on "ordinary clay used for filling and levelling purposes...".

21. After the Central Govt. notification, dated 3.2.2000, the State Govt. in exercise of its powers under Section 15 of the Act, issued another notification, dated 23.3.2001 (published in the official gazette of 24.3.2001). This notification too, like the previous one, was both in Hindi and in English. Entry under Schedule II of the notification in Hindi reads as follows:

"Sadharan Mitti, Raniganj Khapra Bananain Main Wyawharit Mitti Ewam Vyaparik Karyon Par--Rs.15/- per cubic metre".

the same Entry in the English version of the notification reads as follows:

"Ordinary clay/clay used for manufacturing of Raniganj tiles and commercial use--Rs.15/- per cubic metre".

Thus, the only difference with the previous notification, dated 28.9.1994 was that clause (ii) of the Entry reading in Hindi as:

"Anya Pariyojno Main Wyawaharit Mitti--Koi Swamitya Nahin"

And in English "Clay used for other purpose--No royalty".

22. It is, thus, evident that the 2001 notification or the State Govt. made no attempt to bring within the levy of royalty "ordinary earth used for filling and levelling purposes" though it was declared as minor mineral by the Central Govt. a year ago.

23. Finally the State Govt. issued yet another notification, dated 18.4.2006 (published in the official gazette of 19.4.2006). Part 5 of the notification deals with the Bihar Minor Mineral Concession Rules, 1972 and Entry 5 under Schedule II of Part 5 of the notification reads as follows: -

"Sadharan Mitti Jis Ka Upyog Raniganj Khapra Vyaparik Karyon Jo Baandhi, Sadak, railway, Bhavan Aadi Ke Nirman Main Bhamain Ya Samtal Karne Ke uddesh Se Kiya Jata Hai--

25 LPA No.705 of 2015 & Ors

Rs.15/- per cubic meter."

24. The sequence of notifications as seen above, leaves no room for doubt that "ordinary earth used for filling or levelling purposes for...." came to be declared as minor mineral with effect from 3.2.2000 and it became subject to levy of royalty by the State Govt. with effect from 19.4.2006. Any demand of royalty from the petitioners from a date prior to 18.4.2006 would, therefore, be illegal and unsustainable. The petitioners would be obliged to pay royalty on "ordinary earth used for filling or levelling purposes" in the execution of their demands against the petitioners for the period prior to 18.4.2006. All the writ petitions are accordingly disposed of."

(emphasis supplied)

(ix) Special Leave Petition being S.L.P. (Civil) No. 1633016333 of 2007 preferred against this decision, has also been dismissed vide order dated 27th September, 2007. In view of the aforesaid decision, there is a vast difference between ordinary earth and ordinary clay. We are in full agreement with this decision more particularly when a notification has been issued by the Central Government dated 3 rd February, 2000 (Annexure4 to the memo of the Letters Patent Appeals) notifying that "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building"

is a minor mineral. Thus, ordinary earth is also declared as minor mineral. Ordinary clay is already mentioned in Section 3(e) itself. Thus, "ordinary clay" and "ordinary earth" have been separately mentioned as a minor mineral, for which the State of Jharkhand could have prescribed separate rates of royalty by issuing notification under Section 15 of the Act, 1957, but, there is no specific rate of royalty for the usage of "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" and, hence, no error has been committed by the learned Single Judge in holding that the State of Jharkhand cannot recover the royalty under Entry no. 5 of the notification of the State th of Jharkhand dated 27 December, 2010 .

(x) Looking to Entry no. 19 of the very same notification dated 27th December, 2010 which is a residuary entry, which takes in its 26 LPA No.705 of 2015 & Ors sweep, all other minor minerals not herein before specified. As per Entry no. 19, the minor mineral viz. "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" is covered by this Entry no. 19 of the notification dated th 27 December, 2010 issued by the State of Jharkhand in exercise of the powers under Section 15 of the Act, 1957. The rate of royalty prescribed is 10% of sale price on ad valorem basis . This residuary Clause is lost sight of while deciding the writ petitions. Thus, even though, there is no specific rate of royalty prescribed by the "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building", the same is already prescribed as minor mineral by the Central Government in its notification issued under Section 3(e) of the Act, 1957 and, hence, it is covered by Entry no. 19 of the State of Jharkhand's notification th dated 27 December, 2010 and, hence, the respondents are liable to make payment of royalty, as per Entry no. 19 of the State of th Jharkhand's notification dated 27 December, 2010 (Annexure6) issued under Section 15 of the Act, 1957.

(xi) It appears that the State of Jharkhand has not issued any notification for specific rate of royalty for "ordinary earth used for filling or leveling purposes in construction of embankment, roads, railways, building" and, therefore, the use of the earth for the railway purposes which is also declared as minor mineral is covered th by the residuary Entry no. 19 of the notification dated 27 December, 2010.

9) As a cumulative effect of the aforesaid facts, reasons and judicial pronouncement, we hereby quash and set aside the judgment and order delivered by the learned Single Judge in W.P.(C) No.4737 of 2014 with in W.P.(C). No.1596 of 2013 with W.P. (C) No.1602 of 2013 with W.P. (C) No.1603 of 2013 with W.P. (C) No.1790 of 2013 with W.P. (C) No.1795 of 2013 with W.P. (C) No.1860 of 2013 with W.P. (C) No.4566 of 2013 with W.P. (C) No.4569 of 2013 with W.P. (C) No.2117 of 2014 with W.P. (C) No.2127 of 2014 with W.P. (C) No.2138 of 2014 with W.P. (C) No.2658 of 2014 with W.P. (C) No.2687 of 2014 with W.P. (C) No.5244 of 2014 with 27 LPA No.705 of 2015 & Ors W.P. (C) No.395 of 2015 with W.P. (C) No.1096 of 2015 all dated 25 th March, 2015 and we hold that the respondents are liable to make the payment of royalty as per Entry no. 19 of the notification issued by the th State of Jharkhand dated 27 December, 2010 issued in exercise of the powers conferred by the Stater of Jharkhand under Section 15 of the Act, 1957 and not under Entry no. 5 of the said notification and the respondentrailway authorities and the appellantState authorities are at liberty to recover the amount of royalty under Entry no. 19 of the th notification dated 27 December, 2010 (Annexure6)

10) Accordingly, all the Letters Patent Appeals are partly allowed and disposed of.

11) In view of the final order passed in the Letters Patent Appeals, I.A. Nos.6597/2015, 6628/2015, 6630/2015, 2076/2016, 2078/2016, 2138/2016, 2177/2016, 2179/2016, 2181/2016, 2183/2016, 2197/2016, 2200/2016, 2202/2016, 2204/2016, 2206/2016, 2231/2016 and 2234/2016 stand disposed of.

(D. N. Patel, J) Manoj/ (Amitav K. Gupta , J)

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