dead rent.--The holder of a mining lease or any
other mineral concession granted under these rules shall pay
yearly dead rent in respect ... taken to compensate the Government through the
dead rent. According to him, dead rent is the rent which is being
procured from the licensee
dead rent". Section
9A also provides that the liability of the lessee would be
to pay either royalty or dead rent whichever is greater ... State
Government can enhance both dead rent and royalty, but only
once. [548 F]
Although in one sense dead rent may partake of the
nature
lessee cannot be enhanced during a period of four years. In other words, the power to enhance dead rent is limited by the proviso ... dead rent have been enhanced principally for augmenting the revenue. In our opinion, therefore, the enhanced rates of dead rent which the State Government
substituted Schedule II in the said rules, by which the
dead rent was enhanced. The next notification was dated
26th March, 1979, through which ... that case, through the aforesaid 1979
notification, rate of dead rent was enhanced by substituting
the then existing Schedule II. The then existing rate
regard to payment of dead rent. According to this, mining lessee shall pay to the State Government every year dead rent at such rate ... proposed enhancement. The argument that the lessees who would be affected by an enhancement in the rate of royalty or dead rent should be heard
said case the finding that the State Government could enhance
dead rent even during the subsistence of a lease has no
application in the present ... Trivedi & Sons were in the context of enhancement of dead
rent which is collected as a fixed amount in consideration for the
grant
extend to amending the rules so as to enhance the rate of dead rent. The
submission in this behalf was that the power to enhance ... contained in Section 15(3) the power to
enhance the rate of dead rent cannot be so exercised as to affect
subsisting leases and that
State Government is also not entitled to enhance the rate of dead rent more than once during any period of four years ... During any period of four years the State Government can enhance both dead rent and royalty, but only once.
(13) The period of four years
royalty or dead rent
whichever is more and since royalty is being paid in the
shape of seigniorage fee and otherwise dead rent is being ... have the power to make rules providing
for payment of surface rent, dead rent and royalty
by the lessee to the Government.
...
45. A proper
said Notification dated March 26, 1979, so far as the enhancement of the dead rent was concerned. The Appellant's Letters Patent Appeals ... High Court in Smt. Sonbai 's case was the enhancement of dead rent made by the said Notification dated March
