PUNJAB STATE Vs. OM PARKASH

JUDGEMENT

(1.) This is defendant's second appeal against whom the suit for permanent injunction restraining the State of Punjab from recovering any royalty from the plaintiff, has been decreed by both the Courts below.

(2.) Plaintiff Om Parkash is engaged in the business of manufacturing bricks. He has been excavating brick earth from the lands situated in village Kainthan for the manufacturing of his bricks. He has been called upon to apply for permits after depositing security for excavating brick earth from the land by the Industries Department, Hoshiarpur. He was also called upon to pay royalty on excavation of brick earth on the aforesaid land for the manufacturing purposes at his brick kiln. The plaintiff deposited royalty to the tune of Rs. 4484.09 for the period from 22nd April, 1965 to 31st December, 1968. Thereafter the plaintiff was again called upon to pay royalty for the period December, 1969 onwards. This time the plaintiff filed the present suit for permanent injunction challenging the imposition of royalty inter alia pleading that the Industries Department has no right to demand the deposit of the amount of royalty as brick earth was not a minor mineral as the same does not vest in the Punjab State.

(3.) The suit was contested by the State of Punjab inter alia pleading that the brick earth being a minor mineral vested in the Punjab State and the State could demand royalty from the plaintiff. The trial Court found that the brick earth was not a minor mineral as the same does not vest in the Punjab State. Ultimately, it was held that the plaintiff was entitled to the grant of relief of injunction. Consequently, the plaintiff's suit was decreed.