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1993 Supreme(SC) 111

L. M. SHARMA, M. N. VENKATACHALIAH, S. MOHAN
State Of Punjab – Appellant
Versus
Vishkarma And Company – Respondent


JUDGMENT

Venkatachala, J.

1. In these civil appeals by special leave, of the State of Punjab, correctness of the common judgment dated September 16, 1982 by which Regular Second Appeal Nos. 902-913 of 1973 were dismissed by the High Court of Punjab and Haryana, is questioned.

2. Facts, giving rise to these civil appeals lie in a narrow compass. In the District of Gurdaspur certain landowners had permitted different brick manufacturers to remove brick-earth from lands in their respective estates on leases or licences granted by them. The Mines and Minerals (Regulation & Development) Act, 1957 (for short the Act) having come 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, 1.964. With the coming 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 brick-earth from the lands in the estates on the strength of the leases and licences executed in their favour by the landowners without obtaining the mining licences and paying royalty, under the Rules. The said manufa























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