The Court allowed a writ petition challenging the State's demand for royalty on brick earth. Relying on a specific finding in a cited precedent regarding land vesting, the Court held the State had no right to claim royalty and set aside the impugned order.
The impugned order dated 13.5.1992 demanding royalty is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.6713 of 1992(O&M) Date of Decision : 18.05.2011
Harminder Singh
... Petitioner
versus
State of Punjab & others
... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present: Mr. Mansur Ali, Advocate for the petitioner.
Mr. S.H.Chandu Majra, DAG, Punjab.
Ajay Tewari, J.(Oral)
In this petition the action of the State in demanding royalty from brick kiln owners has been challenged. In this case, sharatwajab-ul-arz has been annexed as per which brickearth has not been specifically vested with the State Government. In State of Punjab and others versus Subhash Chander, 1991(2) LLR Page 291 it was held as follows:
“It would be evident from the above mentioned Sharait-Wajib-ul-arz that there is no specific mention that the brick earth would vest in the government. In view of sub section (2) of Section 42 of the Act, the presumption is that it vests in the proprietors of the land. This presumption is not rebuttable under Section 4(3) of the Act.”
Learned State counsel has very fairly stated that the appeal filed by State of Punjab against this judgment has also been dismissed.
CWP No.6713 of 1992(O&M)
-2-
In view of the matter, the State would have no right to claim royalty on brick earth.
Consequently, this writ petition stands allowed. The impugned order dated 13.5.1992 demanding royalty is set aside.
May 18, 2011 (Ajay Tewari) sonia Judge
1 issue framed by the court
Whether the State has the right to claim royalty on brick earth when it is not specifically vested with the Government under the Sharait-Wajib-ul-arz.
Colour shows how this judgement treated each authority
State of Punjab and others versus Subhash ChanderFollowed¶13
1991(2) LLR Page 291
Harminder Singh
State of Punjab
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
