MOHD BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS matter has been referred to this Full Bench by Hon'ble the Chief Justice on account of the reference made by the learned Single Judge by his order dated 2.2.1982, whereby the learned Single Judge has referred the following four questions for consideration of the Full Bench, which read as under : - "1. Whether under the Rules of 1977 in the lease of brick-earth, establishment of brick-kiln is also implied and if so whether subject matter of allotment of sites for establishment of brick-kilns is covered by the Rules of 1977? 2. Whether the Rajasthan Colonisation Project Areas Brick Kiln (lease) Conditions, 1966 only deal with the allotment of sites for the establishment of brick-kiln, a subject covered by Entry 18 of the List I of Schedule VII of the Constitution and as such are valid? 3. Whether the Rajasthan Colonisation Project Areas Brick Kim (lease) Conditions, 1966 are beyond the authority of the State Government and as such are ultra vires of its powers? 4. Whether the view of this Court in Shivchand Goyal v. State of Rajasthan (RLW 1967 p.30) that in the lease of brick earth granted under the Rajasthan Minor Mineral Concession Rules, 1977 framed under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 the establishment of brick-kiln is implied is not good law, and if so whether establishment of brick-kiln is a subject not covered by Entry no. 54 of the List I (Union List) of Schedule VII of the Constitution and is covered by Entry 18 of List II of Schedule VII of the Constitution and as such the conditions of 1966 are valid?"

(2.) BEFORE we answer these questions, it will be necessary to refer the law on the subject as well as the brief facts giving rise to this controversy.,

(3.) AS per this entry it is the Parliament which has to regulate the development of the minerals and the Parliament has to declare the law for regulation and development of such minerals. In the purported exercise of this power the Parliament has framed the Mines and Minerals (Regulation and Development) Act, 1957 (referred to hereinafter as 'the Act of 1957 ). Our attention was also drawn to Entry No. 18 of the List II (i.e. State List) of the Seventh Schedule, which reads as under : - "18. Land, that is to say, rights in or over the land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans, colonisation."