M/S. D.M. Minerals Private ... vs Union Of India And Others
2021 Latest Caselaw 2007 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P. (C) No. 7285 of 2019
M/s. D.M. Minerals Private Limited          ...    ...     ...      Petitioner
                           Versus
Union of India and others           ...     ...    ...     ...    Respondents
                             With
                     W.P. (C) No. 6883 of 2019
M/s Singhbhum Mineral Company               ...    ...     ...      Petitioner
                           Versus
Union of India & others                     ...    ...     ...      Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner: Mr. Indrajit Sinha, Advocate (in both cases) For the UOI: Ms. Sresha Sinha, A.C. to A.S.G.I. (in both cases) For the State: M/s. P.A.S. Pati, S.C.-IV & Piyush Chitresh, A.C. to A.G.

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Oral Order 13/Dated: 23.06.2021

Heard the parties.

Though counter affidavit has been filed on behalf of the State,

however the learned counsel appearing for the State has put reliance

on the decision of the Hon'ble Supreme Court rendered in D.K.

Trivedi and Sons Vs. State of Gujarat and others reported in 1986

(Supp.) SCC 20, wherein in paragraph 5 it is stated that in that case

the Minister of Mines made a statement in the Legislative Assembly

announcing the decision to implement the new policy for

enhancement of dead-rent framed by the Government and the

reasons were disclosed on the floor of the Assembly as to why such

enhancement is being made.

Let the State produce copy of similar statement, if any, given by

the Minister of Mines of this State in the Assembly as has been noted

down in the judgment of the Hon'ble Supreme Court on record. if the

statement is not made, then it should come in affidavit that the

statement has not been made. In that case, let the original file in

sealed cover be produced before us which contains the reasons for

such enhancement in the dead-rent as has been done in the present

case, i.e., from Rs.2000/- per hectare when it was a "major mineral" to

Rs.1,00,000/- per hectare immediately after it became a "minor

mineral" in one stroke so that its reasonableness or arbitrariness be

tested by this Court.

Put up this case on 07.07.2021.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Manoj/Raman