MEERUT JANPAD YEENT NIRMATA SAMITE MEERUT AND OTHERS Vs. COLLECTOR/DISTRICT MAGISTRATE, MEERUT AND OTHERS

JUDGEMENT

(1.) The petition is directed against the notices issued to the petitioner Nos. 2, 3, 4 and 5 calling upon them to obtain permits for mining clay/ordinary earth utilised by them as raw material for manufacturing bricks with a further direction to produce the registered agreement indicating the manner in which the petitioners have obtained the rights to carry out mining operation to provide raw material for manufacturing of bricks. It has further been stated in the notices that in the absence of compliance, the petitioners shall be saddled with penalty and realisation of dues as referred to therein.

(2.) Petitioner No. 1 claims itself to be a society registered under the Societies Registration Act, who has also challenged the action of the respondents for the benefit of such brick-kiln owners who have been issued similar notices as in the case of other petitioners.

(3.) The challenge of the notices is founded on several grounds including the i ground that the royalty is also being paid in respect of the soil/clay being excavated by the petitioners and as such the District Magistrate has no authority to issue any such notice/orders for getting the agreement, for excavation of such soil, registered under the Registration Act and, as such, the petitioners are not liable to pay any stamp duty, that the right of a bhumidhar under Sec. 142 of the U.P.Z.A. & L.R. Act, 1952, is an absolute right and the land can be utilised in any manner and, as such, there can be no compulsion on the petitioners to get the agreement registered, that the notices are violative of Articles 14 and 19 (g) of the Constitution of India and that such an agreement does not require registration, samples whereof have been filed as Annexures-5 and 6 to the writ petition. It has also been urged by Sri S.P. Singh, learned Counsel for the petitioners that once the royalty is paid the District Magistrate has no concern whatsoever, to compel them for the registration of agreement.