AIR 2017 SUPREME COURT 734 ::(2017) 1 Pat LJR 478 ::(2017) 2 Scale 62 ::AIR 2018 SC (Civil) 554 ::(2017) 1 JLJR 421 ::2017 (2) KCCR SN 177 (SC) ::2017 (5) SCC 665 ::(2017) 171 AllIndCas 71 (SC)

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): Arun Mishra, Amitava Roy , JJ

Mines and Minerals (Development and Regulation) Act (67 of 1957) , S.15— Bihar Minor Mineral Concession (Amendment) Rules (2007) , R.26— Minor minerals - Rate of rents/royalties - Notification issued enhancing rate of royalty at Rs. 100/- per cubic meter for boulder, gravel and shingle used for making chips - Is clarificatory in nature - Has retrospective application - Hence, royalty at higher rate fixed by notification - Realizable from date prior to issuance of notification. LPA No. 793 of 2002, D/- 21-08-2009 (Patna), Reversed.Interpretation of Statues - Statutory interpretation - Presumption against retrospective operation - Not applicable to declaratory statutes. Any legislation or instruments having the force of law, if clarificatory, declaratory or explanatory in nature and purport, in order to supply an obvious omission or to clear up doubts qua any prior law, retrospective operation thereof is generally intended. Thus, On a conjoint reading of Rule 26 and the two Notifications, enhanced rate of royalty at Rs. 100/- @page-SC735 per cubic meter for boulder, gravel and shingle, which are used or are capable of being used for making chips would be realizable w.e.f. 01-04-2001 and axiomatically thus, respondent are liable to discharge demand, therefor, as raised in terms thereof. The respondents were fully awa....