CHIMAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The validity of the notification of the State Government dated January 8, 1970 (Annexure 'A') notifying for sale by public auction the right to extract saltpetre from saltpetre bearing areas in certain named villages in different districts of Haryana has been questioned in this petition under Article 226 of the Constitution by Chiman Lal petitioner, who claims to be doing saltpetre business on an extensive scale, on the following three grounds :-

(2.) The operative part of the impugned notification No. G/g./SP/Auc./31/69-70/954-A dated January 8, 1970, issued by the Industries Department, Haryana, reads as follows :=-

(3.) "Minor minerals" are defined in Section 3(e) of the Act. Sections 4 to 13 of the Act relate to prospecting and mining operations and leases etc. in respect of minerals. Section 14 states that the provisions of Sections 4 to 13 (inclusive) shall not apply to prospecting licences and mining leases in respect of minor minerals. For minor minerals the State Government is authorised by Section 15 of the 1957 Act to make rules for regulating the grant of prospecting licences and mining leases in respect thereof, and for purposes connected therewith. In exercise of powers conferred by Section 15 of the 1957 Act, the Punjab Government has framed the mineral rules. Rule 2(b) (which corresponds to Section 3(e) of the 1957 Act) defines "minor mineral" in the following terms :-