STATE OF PUNJAB AND ANOTHER Vs. CHARANJI LAL

JUDGEMENT

(1.) This order shall dispose of a bunch of three regular second appeals whereby the State of Punjab, raises the similar question of law. The question of law raised by the appellant-State is as under:-

(2.) The appellant-State contested the suit on two grounds. Firstly, it was urged that the jurisdiction of the Civil Court is barred by the provisions of Section 158 of the Punjab Land Revenue Act, 1887. It was also submitted that the brick earth is a minor mineral which vest in the appellant-State and it has every right to charge royalty from its user.

(3.) The trial Court as well as the Lower Appellate Court returned the finding that brick earth is a minor mineral as has been declared by Notification issued by the appellant-State on 01.06.1968 (Ex.D-1). The aforesaid Notification has been held to be invalid by Hon'ble the Supreme Court in the case of M/s Banarsi Dass Chadha and brothers v. Lt. Governor, Delhi Administration, 1978 4 SCC 11.