BIHAR BRICK MANUFACTURER ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS representative action is by the Association of brick kiln owners of the State. In the petition made under Article 226 of the Constitution of India, the Association is contending that the brick kiln owners have paid application fee and royalty (in part or full, less 5%) as they were required to, before removing brick earth and discharged all other obligations on their part, but the respondents, while issuing permit to only one brick kiln owner and failing to issue such permits to other brick kiln owners, are asking the brick kiln owners to pay the balance royalty, price of brick earth, price of sand and interest and while such claims are being put forward, the claims are varying district -wise. While in Muzaffarpur Rs. 6,0007 - (Six thousand) is being claimed on account of application fee, Rs. 2,000/ - (Two thousand) is being claimed on that account in Saharsa and Munger, and at the same time while in Muzaffarpur on account of sand and bricks Rs. 59,375/ - (Fifty nine thousand three hundred seventy five) is being claimed, in the district of Saharsa on account of sand a sum of Rs. 9, 375/ - (Nine thousand three hundred seventy five) is being claimed, a sum of Rs. 50,000/ - (Fifty thousand) is being claimed on account of royalty and a sum of Rs. 68,750/ - (Sixty eight thousand seven hundred fifty) is being claimed on account of price of the minor minerals, but again in the district of Munger on account of consolidated ownership Rs. 70,000/ - (Seventy thousand) and on account of sand Rs. 13,125/ - (Thirteen thousand one hundred twenty five) are being claimed. All these demands have been raised in terms of the provisions contained in Rule 40 of the Bihar Minor Mineral Concession Rules, 1972 inasmuch as it is claimed that the notified persons unauthorisedly extracted and removed minor minerals.

(2.) IT appears to be the contention of the petitioner that the brick kiln owners applied for grant of permission to extract brick earth upon deposit of application fee as well as royalty as was required, but except one brick kiln owner, out of approximately thirty thousand brick kiln owners, no one was granted such permission and the respondents have proceeded on the basis that all those persons have, therefore, unauthorisedly extracted minor mineral in the form of brick earth and sand and that is unjust.

(3.) RULE 26 of the said Rules authorises imposition of royalty at the rates specified in Schedule II to the said Rules. The Schedule II, as was altered on 24th march, 2001, prescribes that the rate of royalty for brick earth (equivalent to four hundred standard bricks) shall be Rs. 8/ - (Eight) per cubic meter; whereas the said Schedule provides that for ordinary sand used for construction purpose the rate of royalty shall be Rs. 25/ - (Twenty five) per cubic meter.