INDER SINGH Vs. COLLECTOR

JUDGEMENT

(1.) This and the connected 35 Letters Patent Appeals have been preferred against the judgment of S K. Kapoor J. dismissing 48 Civil Writ Petitions thereby The petitioners had filed suits against the Government for a declaration of permanent injunction restraining the Government from interfering with the right of the petitioners to quarry stones from certain lands on the ground that the said land belonged to Ramjas College Society. During the pendency of the suit a temporary injunction WAS granted to the petitioner whereunder the petitioner could quarry stones without interference by the Government but subject to payment of royalty. The suit was dismissed and the appeal filed by the petitioner was also dismissed. The Collector thereupon took proceedings against the petitioner under rule 18 (iv) of the Delhi Minor Minerals Rules 1938 and imposed a penalty on the petitioner amounting to 5 times the royalty payable by the petitioner. This order levying penalty was challenged by the petitioner by filling the writ petition No. 122-D of 1932 with which 47 other such petitions were consolidated. The grounds urged by the petitioner against the impugned order before the learned single Judge may be broadly summarised as below :-

(2.) The Delhi Minor Minerals Rules 1933 were framed under clause (e) and (g) of Sub-section I of section 155 of the Punjab Land Revenue Act, namely 'generally for carrying out the purposes of the Act." Under section 41 of the said Act all Mines of Metals and Coal shall be deemed to be property of the Government and the Government shall have all powers for the proper enjoyment of the rights thereto. Under section 42 of the Act a quarry which does not belong to a private person is presumed to belong to the Government. The Delhi Minor Minerals .Rules have been made to regulate the working of the quarries belonging to the Government by private persons. Under rule 3 no person shall quarry any minerals belonging to Government unless he obtains a permit. Under rule 8 a permit is issued subject to payment of royalty at the prescribed rates. Breaches of rules invite levy of penalties which arc enumerated in rule 18. Sub-rule (iv) of rule 18 vvith which we are concenced is as follows ;- 18 (iV) Unauthorised extraction of minerals-

(3.) Any person who (a) quarries any mineral without a permit or who (b) quarries a different mineral from that specified in the permit or a large amount than what is so specified or (e) alienates by sale or otherwise any mineral in contravention of the conditions prescribed in these rules or in his permit shall be liable to pay five tunes the amount of royalty payable under rule 8 plus the amount of royalty ordinary payable under that rule, and such royalty if not paid within one month of demand may be realised as an arrear of land revenue under the provisions of section 98 (b) of the Punjab Land Revenue Act, 1887 (XVII of 1887."