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State of Punjab & Ors. vs. Om Prakash Brick Kiln Owner, Etc. (SC)

52.00 5.20

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Mines & Minerals (Regulation & Development) Act, 1957–Sec. 3(e)–Punjab Minor Minerals Concession Rules, 1964–Claim of appellant-State to levy the royalty for excavating earth from the private land to manufacture the bricks –As per Notification dated 01.06.1958, Government of India has declared the brick earth as a minor mineral within the meaning of Act of 1957–Further, as per Rules 54A, 54B & 54C of State Rules, 1964, even if a person owns a land, he cannot undertake quarrying or mining operations therein unless he holds a certificate of approval in Form B–State Government has the right to levy royalty on the production and disposal of minor minerals–Impunged order passed by the High Court is liable to be set aside.