KARACHI (PPI) - Assistant Director (Admn & Finance) Sindh Mines and Minerals Development Department Tuesday told Sindh High Court that rate of royalty on surface minerals was determined/ enhanced after 14 years in accordance with provisions of Regulation of Mines, Oil Fields & Minerals Development (Federal Control) Act 1948. He filed comments on petition of Karachi Truck Owners Association, challenging raise in charges of surface mines from previous Rs4 per ton to Rs6 per ton through a notification. The petitioner alleged rate was enhanced in violation of Section 116 of Taxes to be levied while notification to this effect was not published. Earlier Justice Faisal Arab had passed order on March 13, 2006 in a suit 568/65, wherein rates were fixed at Rs4 per ton. Assistant Director Alam Khan stated act was in accordance with law, as rate of royalty on surface minerals are enhanced/ determined under clause 2(4) of Regulation of Mines, Oil Fields & Minerals Development (Federal Control) Act 1948. Royalty rate was enhanced after 14 years and defendants had not committed any violation, while petitioner's request pertained to local government, which had no relevancy with aforesaid act. He submitted court order of March 13, 2006 was against charging on royalty by contractor and not on determination/ enhancement of royalty by government of Sindh. He said petition was not maintainable under Section 42, 54, 56 of Specific Relief Act and claimed in case stay order is granted, government will suffer heavy loss and prayed petition be dismissed. Petitioner's counsel sought time to file his comments. The division bench comprising Acting Chief Justice Azizullah M Memon and Justice Khalid Ali Z Kazi after hearing adjourned matter till date in office.