KARAM SINGH MOHINDER KANT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS regular second appeal by plaintiff is directed against the judgment and decree dated 31.05.1985 passed by learned Sub Judge 2nd Class, Phillaur, whereby suit for permanent injunction filed by plaintiff was dismissed as well as against the judgment and decree dated 19.08.1986 passed by learned Additional District Judge, Jalandhar, whereby appeal preferred by the plaintiff has also been dismissed. The detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced.

(2.) HOWEVER , the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for permanent injunction claiming that plaintiff is a firm and Mohinder Kant is the sole proprietor of the same. The plaintiff is carrying on the business of manufacturing and sale of bricks under a valid licence issued by the Government under the provisions of Punjab Control of Bricks Supply Order. A notice was issued to the plaintiff by the Mining Officer, Department of Industries, Punjab, Gharshankar for recovery of royalty for the years 1981 -82 and 1982 -83 and for levying of royalty for the year 1983 -84. The prayer in the suit is for an injunction restraining the defendants from assessing, levying or recovering any amount of royalty on brick earth from the plaintiff in respect of the land situated in village Thakhar, Tehsil Phillaur where the brick kiln is located. It is averred that plaintiff is doing business of manufacture and sale of bricks on the land taken on lease by him from the land owner. It has been pleaded that no part of the land or earth vests in the Government and thus the Government has no right or interest in the land or earth. The plaintiff has maintained that even according to the entries in the wajib -ul -arz, the brick earth does not belong to the Government. Another plea contained in the plaint is that there is no provision in the Mines and Minerals (Regulation and Development) Act, 1957, or the Punjab Minor Mineral Concession Rules, 1964, authorising the State Government to levy royalty on the brick earth. Hence the notice of the recovery and levy of royalty is illegal and inoperative.

(3.) UPON notice defendants appeared and filed written statement and averred that as per the wajib -ul -arz of village Thakhar, the mineral rights vest in the Government. Right to levy royalty was defended on the ground that the brick earth has been declared as minor mineral by the Government of India vide notification dated 01.06.1958 and the State Government is competent to charge royalty on the brick earth under the Mines and Minerals (Regulation and Development) Act, 1957 and the Punjab Minor Mineral Concession Rules, 1964, as amended in 1977.