SHIVCHAND GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution filed by Shivchand to challenge the validity of the order of the Collector, Ganganagar, dated 1st November, 1961 directing the Tehsildar to attach the brickkiln and the bricks lying at the spot belonging to the petitioner.

(2.) PETITIONER Shivchand was permitted by the Panchayat Ridmalsar vide its resolution No. 3 dated 30th November, 1960 (Ex. 1) to construct a brick-kiln and to prepare the bricks by digging the brick earth from Killas Nos. 1, 2, 3, 8. 9, 10, 11 and 12 in Murabba No. 72, Chak No. 60 LNP situate in the Abadi areas within the jurisdiction of that Panchayat. After having obtained the said permission, the petitioner applied to the Mining Department for granting mining lease for quarrying brick earth from the said area which was allotted to the petitioner by the Panchayat. The Assistant Engineer, Mines and Geology, Bikaner, granted the requisite permission under R. 57 (2) of the Rajasthan Minor Mineral Concession Rules, 1959. to quarry the brick earth from Killas Nos. 1, 2, 9, 10, 11, 12, 19 and 20 in Square No. 72 (vide document Ex. 2 dated 25th October, 1961. ). . In pursuance of the said permission, a lease agreement was executed between the petitioner and Mining Engineer on the 25th October, 1961. This lease agreement is placed on record as Ex. 3. According to the terms of this agreement, the petitioner was to pay Rs. 96/- as dead rent and -,/4/- per ton or Rs. 1/- per thousand bricks as royalty. It is alleged that the petitioner paid Rs. 584. 86 NP. as royalty to the Mining Department on 14th September, 1961. The Tehsildar, Padampur on receipt of a complaint from one Rameshwarlal Gupta submitted his report on 7th October 1961, to the Collector, Ganganagar that the petitioner had put up his brick-kiln without permission and, therefore, appropriate action may be taken against him. The Collector on receipt of the said report directed the Tehsildar on 1st Nov. , 1961 (Vide Ex. 5, to attach the petitioner's brick-kiln and the bricks manufactured by him which may be lying at the spot. In pursuance to this order of the Collector, the Tehsildar attached the petitioner's kiln as well as the bricks. Representations were, however, made against this alleged illegal attachment to the Collector whereupon the Collector, by his order dated 31st January, 1962, allowed the petitioner to bake his Kutcha bricks and on 30th of July, 1962, the bricks were ordered to be released from attachment provided the petitioner furnished security to the exent of the value of the bricks so that the Government may forfeit the security amount if the attachment of the bricks was declared to be legal by the authorities. It may, however, be mentioned here that the lease granted to the petitioner by the Mining department meanwhile expired and he obtained another lease and a fresh permission from the department concerned to manufacture the bricks upto 31st March, 1963.

(3.) NO doubt, this provision of law gives power to the Government to prescribe conditions for the allotment of land for the purpose of an industry or for any purpose of public utility. But the contention of Mr. Lodha is that even if the purpose for constructing a brick-kiln is taken to be a purpose for an industry or for any purpose of public utility, the impugned conditions prescribed by the State Government do not really relate to the allotment of land or the grant of lease for the purpose of the construction of the brick kiln but they really deal with the grant of the leases for exploiting the minor mineral, namely, the brick earth and this being contrary to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957, the Conditions should be declared as illegal and it should be taken that they do not confer any power on the Collector for the grant of the leases for the construction of brick kiln on the land belonging to the Government. Our attention has been drawn in this connection to clause 10 of the Coitions which prescribes premium, rent and royalty and water charges payable by the lessee to the Government. Under this clause the Government is entitled to realise from the lessee the annual rent of Rs. 30/- per bigha and a royalty at the rate of Rs. 1/- per 1000 bricks. It has also been provided in these Conditions that if the land is allotted for the purposes of constructing the brick kiln by the Collector of the District, then such a lease shall be subject to the terms and conditions mentioned in Form C annexed to these Statements of Conditions.