VidhiSangh

Supreme Court of India · 21/01/2025

STATE OF PUNJAB & ORS. versus M/S OM PRAKASH BRICK KILN OWNER, ETC.

[2025] 1 S.C.R. 859 · 2025 INSC 88

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Summary

The Supreme Court held that once brick earth was declared a minor mineral under Section 3(e) of the Mines and Minerals (Regulation and Development) Act, 1957, the State of Punjab could levy royalty on its extraction under the Punjab Minor Mineral Concession Rules, 1964, whoever owned the land, since brick-kiln operators were not exempt under Rule 3. The High Court's decree restraining recovery of royalty was set aside and the dismissal of the suits restored.

Issues

  1. Whether the State Government could levy royalty on brick earth excavated by brick-kiln operators from privately owned land taken on lease.
  2. Whether ownership of the land or of the brick earth under Section 42 of the Punjab Land Revenue Act, 1887 was decisive of the State's right to levy royalty.
  3. Whether the brick-kiln operators were entitled to a permanent injunction against assessment and recovery of royalty.

Provisions considered

Held

Result

Appeals allowed. The High Court's judgment of 19 September 2007 set aside and the trial court's decrees dismissing the suits restored; no adjudication made on ownership of the lands; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 859.