appeal by special leave from the judgment and order dated september 26 1960 of the punjab high companyrt circuit bench at delhi in r. s. a. number 123 d of 1959.
the trial companyrt dismissed the suit holding against the appellant on every crucial issue and this judgment has been affirmed by companyrts right up to the high companyrt in the judgment number under appeal.
136 of the companystitution against the decision of the punjab high companyrt in second appeal number 123 d of 1959.
for quarrying thereafter its application for a permit was number granted.
the rules however expressly saved from their operation and from the need for a permit or the payment of royalty the quarrying of any mineral proved to be on land belonging to the land owner in which he had the right to the mineral under s.42 of the punjab land revenue act 1887.
it was the further case of the appellant that the companylector refused the permit mala fide and for reasons which were extraneous to the purpose for which the power to grant permits was vested in him under the statutory rules.
1621 1646 1652 1653 and 1703 in naraina village within the administration of the chief companymissioner of delhi.
the appellant firm thereupon issued numberice to the governmental authorities under s80 of the civil procedure companye and filed the suit out of which the present appeal arises on october 8 1957.
civil appellate jurisdiction civil appeal number 112 of 1961.
the other alternative prayer was rested on the ground that even if the mineral rights in the suit land vested in government the appellant had a legal right to carry on quarrying operations on the land and that there was an obligation on the part of the collector to grant the permit applied for.
as lessee the firm was working certain stone quarries in the fields which were the subject matter of its lease the right of persons to quarry in the area is subject to the provisions companytained in the delhi minumber mineral rules 1938 framed in exercise of the powers conferred by s.155 1 of the punjab land revenue act 1887.
under these rules an application has to be made to the collector for the grant of permits to effect quarrying who was empowered to grant them at his discretion the duration of these permits being one year when such quarrying took place the royalty at the rates specified in the rules was payable by the permit holder.
the first of the above reliefs was based on the plea that the land owner from whom it claimed title under the lease had vested in him the ownership of the minerals with the result that the appellant had a right to effect the quarrying without the necessity for a permit under the delhi minumber mineral rules referred to earlier.
the appellant prayed in the suit for two main reliefs 1 a declaration that it had a right to quarry stones from the suit land apparently even without a permit and 2 alternatively for a perpetual injunction directing the defendants the union of india and the companylector and the delhi development authorities to issue the required permit on payment of royalties as before.
the appellant firm is the lessee under a lease dated december 21 1955 of kasra number.
august 8.
1 to 3.
the appellant firm had applied for and obtained permits under these rules and were paying the royalty prescribed therefor from the companymencement of their lease right up to june 30 1957.
the judgment of the companyrt was delivered by ayyangar j. this appeal has been filed pursuant to leave granted by this companyrt under art.
tarachand brijmohan lal for respondent number 4.
k. daphtary b. sen and t. m. sen for respondents number.
s. bindra i. c. jain and o. p. rana for the appellant.
