JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petitions No. 9354 of 2007, 3262 of 2008, 9956 of 2002, 9321 of 2008, 19656 of 2001 and CWP 5049 of 2008 as somewhat common questions of facts and law are involved in these writ petitions. The facts are being taken from Civil Writ Petition No. 9354 of 2007.

(2.) THE petitioner is a Panch of Gram Panchayat Manauli Surat, Tehsil Rajpura, District Patiala. Originally, he had filed this writ petition to lay challenge to the order dated March 3, 2006 (P-12), passed by the respondents. However, during pendency of this writ petition, the State Government issued Notification dated March 28, 2008, seeking to acquire rights in the Minor Minerals, mentioned in that notification. The petitioner was allowed to amend his petition to lay challenge to the above said notifications also.

(3.) A perusal of the record reveals that with a view to crystalize rights of the parties in the minor minerals in the State of Punjab, the competent authority issued a notification on March 28, 2008 (P-13), by virtue of which powers confered by Sub-Section (1) of Section 3 of Punjab Minerals (Vesting of Rights) Act, 1994 (Punjab Act No. 9 of 1996) (in short the 1994 Act) read with Government of India, Department of Mines and Fuel, Ministry of Steel, Mines and Fuels and Ministry of Mines and Minerals (Department of Mines), Notifications Nos. MII-II-159 (18) 54-A-II dated the 1st June, 1958 and G.S.R. 95(E) dated the 3rd February, 2000, the Punjab Government sought to acquire the rights qua the following minerals in the State of Punjab :