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1983 Supreme(P&H) 307

PRITPAL SINGH
Punjab State – Appellant
Versus
Jagdish Chander – Respondent


Judgment

Pritpal Singh, J.

1. This judgment will dispose of Regular Second Appeal No. 475 to 480 of 1975 as common questions of law and fact are involved in all these cases.

2. The principal point to be decided in all these appeals is whether the brick earth excavated from the lands pertaining to all the six cases vests in the State of Punjab entitling it to recover royalty from the landowners in respect thereof. This point has been decided against the Punjab State in all the six cases by the learned trial Court as well as the first appellate Court.

3. The six suits filed by the brick-kiln owners of District Hoshiarpur were tried jointly as they involved common questions of facts and law. The plaintiffs had been carrying on the manufacture and sale of bricks under valid licences issued in their favour in accordance with the provisions of Punjab Control of Bricks Supplies Order. In order to manufacture bricks they had been excavating earth from their lands. The Central Government vide its notification No. MJU-159(17)/54-A-11 dated Ist June, 1958 declared the brick earth as a minor mineral. On the strength of this notification the appellant- State of Punjab demanded royalty in respect





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