AIROnline 2025 SC 25

Supreme Court Of India

(From : AIR 2008 (NOC) 784 (P and H))

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

Mines and Minerals (Development and Regulation) Act (67 of 1957) , S.15, S.3— Punjab Minor Mineral Concession Rules (1964) , R.54C, R.54F— Royalty on mining of brick earth - Assessment and recovery of - Powers of State Government - Since brick earth was a minor mineral under Mineral Rules, State Government was entitled to levy royalty on the activity of mining of brick earth - Further, efficacious remedy of appeal u/R 54F of Mineral Rules was available against assessment of royalty - Issue of ownership of lands would be irrelevant in suit for permanent injunction restraining State from assessing, levying or recovering royalty on account of use of brick earth - Though, for different reasons, Trial Court and First Appellate Court had rightly dismissed suits - Judgment of High Court holding that State was not entitled to claim royalty, was set aside. AIR 2008 (NOC) 784 (P and H)-Reversed (Para 11 12 13) .....