STATE OF PUNJAB Vs. RAM DASS BHAGWAN DASS

JUDGEMENT

(1.) This judgment shall decide two regular second appeals i.e. RSA Nos.1714 and 1956 of 1989 as the issue involved in both the appeals is identical.

(2.) The State of Punjab is in second appeal in both the RSAs against the judgment and decree of the Courts below by which the suits filed by the plaintiff for permanent injunction to restrain the defendants from recovering the sums of money towards royalty on brick earth, and the notices demanding the impugned amount as illegal, null and void have been decreed.

(3.) To be brief, the plaintiff filed the suit for permanent injunction taking the plea that the land in question belonged to a private land owner, and as per entries in the Sharait-Wazib-ul-arz, the brick earth (a minor mineral) does not belong to the Government and therefore, no provision of the Mines and Mineral (Regulation and Development) Act, 1957 (hereinafter referred to as '1957 Act') or the Punjab Minor Mineral Concession Rules, 1964 empowers the Government to levy royalty on the use of such brick earth. The stand of the State was to the effect that by virtue of a notification of the Central Government dated 1.6.1958 in terms of clause (e) of Section 3 of the 1957 Act, brick earth had been duly notified as a minor mineral and on the basis of such notification, royalty could be charged. That apart, a preliminary objection was also raised with regard to the jurisdiction of the Civil Court in terms of Section 158 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as '1887 Act') and it was claimed that the amount towards royalty could be recovered as arrears of land revenue.