Iv! . s..uu:u ur numvannnn rllui-I OF KARNATAKA HIGH COURT OF XARNATAKA HIGH COURT OF KARNATAKA HIGH COURT" OF KARNATAKA HIGH CO IN THE HIGH CGURT OF KARRATAKA, Bu"2NGALOR_E_ DATED THIS THE 20*" DAY omwausr 2003 % f "f; BEFORE ma Hon'm.E MR.JUSTICE MNUTHAN AGEDAB0UT26.YEAR%,.i;'V % % sxo 510.112, 11153 @3633, :1 mm, % BaHoA;mRE%%~%1a,%%%_ " ' _ ... PETITIONER (BY sax: 1<:1R.¢¢ 3; M}; suafigsfl, ADV: Q " r33%3rAT%E%0f?%kARmTAm nEpAmzam:~r or mugs AND MINERALS, aomsmmcz AND mnvsrmgs szcwranmr, mnmm vmm, _;EJWGALORE jgaxmassman BY rm szcnmanv, iv _ it as undmh l\lI . -...u-um vr' Iv-\Iu'IHlMl\.F\ I-Ht.-at-I OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CO 98123.3 Th: pctiticmcr has prcfiermd this writ seeking quashing of amendment iF'_|_ f: 1 V Kaxnataka Minor Minaala i: amended as par v% 23.06.3200
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*2.' By under Scc.15(1) «cf tku-.:: and
Rqulationfi ~» _ V Government has
amended £42 hfinor 1\eIi1ez-ale
*ma.@r to as Rule 42), by 1@u.gned’
:2%3}os.2oo7, the said Rule mama.
k»/
nun %..I.JuKI Ur KAKNATAKA I-RGH CQUXT OF KARNATAKA HIGH COURT’ OF KARNATAXA HIGH COURT OF KARNAYAKA HIGH COURT OF KARNATAKA HIGH CO
In Rule 42 afthe said Rules, in sub V { _
(2), for the wards ‘shall apprg infimn ij: hé
the concerned aornpetenr .; .
wards ‘shall apply in Jhmz — ~. ” ”
rupees fifiy as :2
specified minor speeifiegii
minor mmemr to
It fie thei’ which is
chwwsed in
4. 3. fifiaohnael for the petificnecr
ahta1_v3’V]’A;’ng’:’ .:’V”v’~a;1gendmant cantenda the said
b)’ the State Government by
% of441théA«:p.¢;uver ccmierred under Sec.l5(1) at the
* said section providw that anything done
at’ such power by the State Gavernmeat is by
‘CI m-.nun.m\n nmrn U!” KAKNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNHAKA HIGH COURT OF KAINATAKA I-HGH CO
V. held that Sub-a«eo.(1) of Sacha’ 1:1 15 is
Natificatian in tin official gamtte, which Notification
be be praeadad by a. draft amendment to that
who are effected by such amendment would
opportunity in: have their say in K
abjtcnona to the same and __z
impugned amendment is so.
manner kn-awn to Law 1) of
the Act, whicéh is to
4. ” Gevernment
Axivwacate ‘O queetinn is already
covcmd b_~,f Court in the cm of
‘State of Gujarat reported in
therefore it has no subatance.
or reducing such rates.
nun IAJUKI ur RAKNAIAKA HIGH COU3T OF KARNATAKA H!GH COURT OF KARNATAKA HIGH COURT O? KARNATAKA HIGH COURT OF KARNATAKA HIGH CO
ccsnstituticnal and valid and the rule-makim
canfcrred thereunder upon the State
fines not amount to eawmiw delegation of ‘leg.
pawer In the eismcnfive. The
conferred by 3ec.15(lI includam
rulas changing dead rent and to
make rules under 8ec.i;’.§{j:}_A to
amend tha rules gm pawar to
anmnd the mlega’ of royalty
and dead the rules is
compmehenxfi-._d” in make rules and as
S-a:c.15{1) State Governments the
r1.;1-M “”” ” ‘dingv £9: payment of dead rent
wwer to amvmd these who so an to
U of royalty and dead rant so prescribed,
Further it is held that an amendment of the .
made under Sec.I5(1], even though it may
efiect of enhancing the rates of rc;y’éiIt3’A
does not become bad in law ht”
being heard or making a
Sec.15{1) does not any
imported mmher it was held
that the of royalty and dead
rent is made power to amend the
‘Sit-x_v…1’5(1), and thus made in the
‘ There is no such principle
law euch a statutory power is exercised,
‘ ‘ ‘jfieraeiae r§*he-xriay be afiected thereby should be heard.
opportunity is to be given to persons
to make representations to the Government
‘III IIl’\.I’|ullI.lkI\.n.n.n -A …__.w — —
YOUR? OF KARNATAKA HIGH COURT
. \¢\r§lIll
\..__. .3u–mn-nu-uxn r-nun LUUKI ur KAKNATAKA HIGH COURT OF KARNATAKA I-HG
f% is t-The held that by not publishing a draft of the
would depend upon the form in which the A’
power is conferred. It is for the legislative bogifi}
confer: the rule-making power to V’
such power should be: conferred.
Parliament to decide whether’
made by an: State A %s¢¢.15(1)
should be laid berm :h¢%%j?z;¢g?ia1amm of
the State or not: fit to do so
with respecg’ minor minerals
since importance to the
country’s indhfihy but did not think it fit
to 4. do sov_’ii’; minerals bocausc it did
nofc.m3§ideArv::te.bc of equal importance.
trim: light of thx: aforesaid authoritative
‘V ent of the Supreme Court on the subject, it
\Ill I.l\.l|..I1u_ancnnn.. ._ .._._ .__
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JKI Ur lu-\KHAIAruA l’ll\Jl’I uuunl ur g,u-gmmn-nun .
amendment and the Notification, the petitioner
persons who are aimflarly placed were
opport1111it3r to have their say in the”
object to the prcocription of R3.5O/-
of an application filed or
license. Th: power to the
Govemmcnt. In the absence of any
this concept of pubfication
notification and an
persons to have o into those
provisions. In thaj; vicuo impugned
a.mcndmen’p- not call for any
intcrfc rcncc . V u