1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.38 OF 2008 Vadar Samaj Kamgar Sahakari Society Ltd. ...Petitioner. vs. 1.The Secretary & ors. ...Respondents. --- Mr.G.M.Savagave, for Petitioner. Mr.S.R.Nargolkar, A.G.P. For Respondents. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 25th June, 2008. P.C.:- 1. By this petition, the petitioner challenges the amendment to the Mumbai Minor Mineral Excavation Rules made by the State Government in exercise of powers delegated to it by the Mines and Minerals (Development and Regulation) Act,1957. By the rules, the rate of royalty has been increased. The challenge is that the increase has been exorbitantly high. It 2 is firstly contended that the amendment is contrary to Section 9 of the Act. But when it was pointed out that in view of the provisions of Section 14 of the same Act, Section 9 of the Act does not apply to the minor minerals, the learned Counsel submitted that the power vested in the State Government to frame Rules under Section 15(1)(g) of the Act to fix and collect the royalty has been exercised and the rate of royalty has been increased exorbitantly. But in the petition, we do not find any material placed to show as to how the rate of royalty fixed can be termed as exorbitant. 2. In our opinion, the statutory rule can not be struck down on such flimsy ground. The petition, therefore, cannot be entertained. It is rejected. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---