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Judgment
Learned counsel for the parties would not dispute that the date on which liability to make contribution to the District Mineral Foundation would arise
has been set at rest by the Supreme Court in the matter of Federation of Indian Mineral Industries & Ors. Vs. Union of India & Another
{Transferred Case (Civil) No.43/2016, decided on 13.10.2017}.
In the said matter, the following has been held by the Supreme Court in para-41:-
“We hold, therefore, that the effective date of payment of contribution to the DMF in the case of those petitioners who are (or were) holders of a
mining lease or a prospecting licence- cum-mining lease for minerals other than coal, lignite and sand for stowing would be 17th September, 2015.â€
The other issue concerning the date on which liability to pay contribution towards National Mineral Exploration Trust (NMET) has also been set at
rest by the decision rendered by the coordinate Bench in WPC No.1504/2016 (Jindal Steel & Power Limited Vs. State of Chhattisgarh & Ors) and
other connected matters decided on 24.11.2017 holding that contribution towards NMET is payable w.e.f. 14.8.2015. Â
In view of the above, the present Writ Petition is allowed holding that liability to contribute towards District Mineral Foundation for minerals other
than coal, lignite and sand for stowing would be 17th September, 2015 and for contribution towards NMET, the relevant date would be 14.8.2015.
Needless to say, any recovery prior to the said date stands quashed. It is made clear that this Court has not dealt with the issue concerning
challenge to the contribution towards the above funds after the above noted date, for which the petitioner would be at liberty to work out remedy, if
they so desire, if it still remains open to challenge.