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1993 Supreme(Raj) 78

M.C.JAIN, J.R.CHOPRA, A.K.MATHUR
Mohd. Bux – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.L. Purohit & J.L. Purohit, for Petitioner Lalit Kawadia, Dy. Govt. Advocate P.K. Bhansali, for Respondents

Honble MATHUR, J.—This matter has been referred to this Full Bench by Honble the Chief Justice on account of the reference made by the learned Single Judge by his order dated 2.2.1982, whereby the learned Single Judge has referred the following four questions for consideration of the Full Bench, which read as under : —

"1. Whether under the Rules of 1977 in the lease of brick-earth, establishment of brick-kiln is also implied and if so whether subject matter of allotment of sites for establishment of brick-kilns is covered by the Rules of 1977?

2. Whether the Rajasthan Colonisation Project Areas Brick Kiln (lease) Conditions, 1966 only deal with the allotment of sites for the establishment of brick-kiln, a subject covered by Entry 18 of the List I of Schedule VII of the Constitution and as such are valid?

3. Whether the Rajasthan Colonisation Project Areas Brick Kim (lease) Conditions, 1966 are beyond the authority of the State Government and as such are ultra vires of its powers?

4. Whether the view of this Court in Shivchand Goyal v. State of Rajasthan (RLW 1967 p.30) that in the lease of brick earth granted under the Rajasthan Minor Mineral Concession Rules, 1977 framed under Sectio






























































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