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ABHAY S. OKA, UJJAL BHUYAN
State of Punjab – Appellant
Versus
Om Prakash Brick Kiln Owner, Etc. – Respondent
JUDGMENT :
(Abhay S. Oka, J.)
FACTUAL ASPECT
1. The appellants are the original defendants, and the respondents are the original plaintiffs. The respondents filed suits against the appellants for a permanent injunction restraining them from assessing, levying or recovering any amount as royalty from the respondents on account of the use of earth by the respondents for making bricks. According to the respondents who were operating brick kilns, they took different lands (for short, ‘the said lands’) from private owners on lease. The respondents used to excavate earth from the said lands to manufacture bricks in their brick kilns. The respondents' case was that no part of the land was vested in the Government and according to the Wajib-ul-arz, brick earth does not belong to the State Government. Reliance was placed on Section 42 of the Punjab Land Revenue Act, 1887 (for short, ‘the Land Revenue Act’) and, in particular, sub-section (2) thereof. It was further contended that under the Mines and Mineral (Regulations and Development) Act, 1957 (for short, ‘the 1957 Act’) or under the Punjab Minor Mineral Concession Rules, 1964 (for short, ‘the Mineral Rules’), there was no provision entitl
The State Government cannot levy royalty on brick earth unless ownership is established, despite its classification as a minor mineral under the relevant laws.
The presumption of ownership under Section 42 of the Punjab Land Revenue Act favors landowners unless proven otherwise, and mere admission of documents does not suffice for proof.
The main legal point established is that the earth used for brick manufacturing on private land does not belong to the State Government and cannot be subjected to royalty.
The classification of 'ordinary earth' as a minor mineral under the Mines and Minerals Act is upheld, affirming royalty obligations regardless of mining permits.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
Royalty obligations under the Assam Minor Mineral Concession Rules 2013 do not extend to private construction projects, only applying to government-related works.
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