Daljeet Singh vs Commissioner,Chitrakoot Dham,Mandal Banda & Anr.

Ashok Bhushan, J.

Heard Counsel for the petitioner and the learned Standing Counsel.

By this writ petition, the petitioner has prayed for quashing of the order dated 25102002 passed by Commissioner, Chitrakoot Dham, Mandal, Banda and the order dated 1262001 passed by Collector, Mahoba. Petitioner is a holder of mining lease. In pursuance of the mining lease he has excavated and removed mineral in accordance with U.P. Minor Minerals (Concession) Rules, 1963. Petitioner''s case is that till Month of March, 2001, the royalty was Rs. 20 per cubic metre and from 142001 it was enhanced from Rs. 20 to 30 per cubic metre.

The Collector, Mahoba issued an order dated 1262001 directing the petitioner to deposit difference of royalty on user of Form MM11 from 1242001 to 3042001. The petitioner filed an appeal against the said order which too has been rejected by Commissioner. Against these two orders the present writ petition has been filed.

The Counsel for the petitioner contended that Form MM11 which has been used by the petitioner between 1242001 to 3042001 was issued prior to 3132001, hence, royalty can be changed only at the rate of Rs. 20 per cubic metre.

The finding recorded by appellate authority is to the effect that Form M11 was used for the petitioner between the period 12 42001 to 3042001. Rule 21 of U.P. Minor Minerals (Conession) Rules, 1963 provides that holder of a mining lease shall pay royalty in respect of any mineral removed by him from the leased area. Rule 21 is quoted as below:

�21. Royalty. (1) The holder of a mining lease granted on or after the commencement of these rules shall pay royalty in respect of any mineral removed by him from the leased area at the rates for the time being specified in the First Schedule to these rules.

[(2) The State Government may, by notification, in the Gazette amend the First Schedule so as to include therein or exclude therefrom or enhance or reduce the rate of royalty in respect of any mineral with effect from such date as may be specified in the notification:

Provided that the State Government shall not enhance the rate of royalty in respect of any mineral for more than once during any period of three years and shall not fix the royalty at the rate of more than 20 per cent of the pit''s months value].

(3) Where the royalty is to be charged on the pit''s month value of the mineral the State Government may assess such value at the time of the grant of the lease and the rule of royalty will be mentioned in the lease deed. It shall be open to the State Government to reassess not more than once in a year the pit''s month value, if it considers that an enhancement is necessary�.

From the aforesaid rule, it is clear that liability to pay royalty arises at the point when a lessee removes the mineral from leased area. Form MM11 is issued for transportation of the mineral giving various details in Form MM11. Rule 70 of U.P. Minor Minerals (Concession) Rules, 1963 is relevant in this respect and is extracted as below:

�70. Restrictions of transport of minerals. (1) The holder of mining lease or permit or a person authorised by him in this behalf may issue a pass in Form M11 to every person carrying a consignment of minor mineral by a vehicle, animal or any other mode of transport. The State Government may, through the District Officer make arrangements for the supply of printed MM11 Form books on payment basis.

(2) No person shall carry, within the State, a minor minerals by a vehicle animal or any other mode of transport excepting railway without carrying a pass in Form MM11 issued under subrule (1).

(3) Every person carrying any mineral shall, on demand by any officer authorised under Rule 66 or such officer as may be authorised by the State Government in this behalf show the said pass to such officer and allow him to verify the correctness of the particulars of the pass with reference to quantity of the minor mineral.

(4) The State Government may establish a check post for any area included in any mining lease or permit, and when a check post is so established public notice shall be given of this fact by publication in the Gazette and in such other manner as may be considered suitable by the State Government.

(5) No person shall transport a minor mineral for which these rules apply from such areas without first presenting the mineral at the check post established for that area for verification of the weight or measurement of the mineral.

(6) Any person found to have contravened any provision of this rule shall, on conviction, be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.�]

Thus, the question of issue of Form MM11 by lessee only arises when a consignment of minor mineral is sent by vehicle, animal or any other mode of transport. Petitioner having issued the Form MM11 between 142001 to 1142001, he was liable to pay the royalty at the rate as existing on that day. The fact that petitioner received Form MM11 from the office of District Magistrate prior to 3132001 is not relevant.

In the aforesaid view of the matter I do not find any error in the order of appellate authority.

The writ petition lacks merit and is dismissed.