JUDGMENT

CHINNAPPA REDDY, J.:— We granted special leave and heard arguments on the limited question whether brickearth is a minor mineral within the meaning of that expression as defined in S. 3 (e) of the Mines and Minerals (Regulation and Development) Act, 1957.

2. The definition is as follows:

"Minor mineral means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the official Gazette declare to be a minor mineral;"

In exercise of the power conferred by S. 3 (e) of the Act, the Central Government declared the following minerals to be minor minerals

"Boulder, Shingle, Chalcedony pebbles used for ball mill purposes only, limeshell kankar and limestone used for lime-burning, murrum, brick-earth, fullers earth, bentonite road metal, rehmatti, slate and shale when used for building material."

3. The submission of the learned counsel for the appellant was that a substance had to be a mineral before it could be notified as a minor mineral pursuant to the power under S. 3 (e) of the Mines and Minerals (Regulation and Development) Act, 1957. He urged that brick-earth was