State of Punjab VS M/s Om Prakash Brick Kiln Owner, Etc.
Mines and Minerals (Development and Regulation) Act (67 of 1957) , S.15, S.3— Punjab Minor Mineral Concession Rules (1964) , R.54C, R.54F— Royalty on mining of brick earth – Assessment and recovery of – Powers of State Government – Since brick earth was a minor mineral under Mineral Rules, State Government was entitled to levy royalty on the activity of mining of brick earth – Further, efficacious remedy of appeal u/R 54F of Mineral Rules was available against assessment of royalty – Issue of ownership of lands would be irrelevant in suit for permanent injunction restraining State from assessing, levying or recovering royalty on account of use of brick earth – Though, for different reasons, Trial Court and First Appellate Court had rightly dismissed suits – Judgment of High Court holding that State was not entitled to claim royalty, was set aside.
AIR 2008 (NOC) 784 (P and H)-Reversed(Paras111213)
