In these Civil Appeals by Special Leave, of the State of Punjab, companyrectness of the companymon judgment dated September 16, 1982 by which Regular Second Appeals Nos.
The Judgment of the Court was delivered by VENATACHALA, J. 1.
Facts, giving rise to these Civil Appeals lie in a narrow companypass.
In the District of Gurdaspur certain land owners had permitted different brick manufacturers to remove brick earth from lands in their respective estates on leases or licences granted by them.
From the Judgment and Order dated 16.9.82 of the Punjab Haryana High Court in R.S.A. Nos.
As some of the provisions of the Punjab Land Revenue Act, 1887 for short the Revenue Act which directly bear on the said companytentions would be helpful in appreciating the merit of those companytentions, they are set out at the outset.
The Mines and Minerals Regulation Development Act, 1957 for short the Act having companye into force in the State of Punjab, the Punjab Minor Mineral Concession Rules, 1964 for short the Rules were also made and brought into force with effect from April 25, 1964.
The said manufacturers of bricks although removed brick earth from the companycerned lands by paying royalty and obtaining licences for some years, they filed suits in civil companyrts of original jurisdiction to restrain by perpetual injunctions the State of Punjab and its officers from demanding payment of royalty for removal of brick earth from owners lands and insisting upon obtaining of minimum licences or permits for the purpose.
With the companying into force of the provisions of the Act and the Rules in the State of Punjab, its officers took steps to prevent the said brick manufacturers from removing the brickearth from the lands in the estates on the strength of the leases and licences executed in their favour by the land owners without obtaining the mining licences and paying royalty, under the Rules.
P. Goyal, Rajinder Sachar, Ms. Amita Gupta, G.K. Bansal, C. Dhiman, Ms. Prabha Jain, K.G. Bhagat, Ravindra Bana, H. Bhagat, Ms. Kusum Choudhary, B.D. Sharma, Narottam Vyas, P.N. Puri, S.C. Khunger and Ravi Khunger for the appearing Parties.
it is that companymon judgment, which has become the subject matter of the Punjab States present Civil Appeals by Special Leave.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The relief of injunctions sought in those suits was based on their claim that numberwithstanding the fact that brick earth was regarded as minor mineral under the Rules, State of Punjab number being the owner of brick earth in the companycerned lands, there arose numberneed to pay royalty to State for removal of such brick earth and to obtain mining licences or permits from the State.
The claim so made, having found favour with the Civil Courts of first instance, the suits were decreed and reliefs sought for therein were granted.
The First Appeals carried against such decrees by the State of Punjab before the First Appellate Courts did number meet with success.
Further Regular Second Appeals carried to the High Court met with the same fate when they were dismissed by a learned single Judge of that Court by a companymon judgment dated September 16, 1982.
14581469 of 1988.
902 913 of 1973.
