H.N. Seth, N.N. Mittal, JJ. - (1.) BY his judgment dated 16 -4 -1975 a learned single Judge of the Court allowed a petition under Article 226 of the Constitution of India filed by 72 Kiln owners of Kanpur, in part. While refusing to grant Petitioner's prayer for quashing the notification dated 31 -8 -1970 issued by the State Government under Rule 1(4) of the U.P. Minor Mineral (Concession) Rules, making, with effect from date of publication of the notification, the provisions of the said rule applicable also to brick earth. He restrained the State of U.P. and Collector, Kanpur, from recovering the royalty said to be due on the brick earth excavated by the Petitioners between 12 -9 -1970 and 31 -3 -1971. Being aggrieved both the brick kiln owners and the State of Uttar Pradesh have come up in appeal before us. Whereas Special Appeal No. 179 of 1975 is by the Brick Kiln owners, the State of Uttar Pradesh is the Appellant in Special Appeal No. 231 of 1975.
(2.) THE Petitioners manufactured bricks by excavating earth from their own Bhumidhari plots. In July 1971, one of the Petitioners was served with a notice informing him that the State Government had with effect from 12 -3 -1970 declared the brick earth to be a minor mineral and for its excavation royalty at the rate of Re. 1.50 per thousand bricks manufactured was payable to the State. The notice further stated that the noticee had between 12 -9 -1970 and 31 -3 -1971 excavated earth for manufacturing 35,00,000 bricks and was liable to pay royalty to the extent of Rs. 5250, Similar notice was issued to other Petitioners as well. The Central Government enacted Mines and Mineral (Regulation and Development) Act, 1957, Section 3(a) whereof defined minerals as including all minerals except mineral oil. Section 3(i) defined minor mineral as meaning building stones, gravel, ordinal clay, ordinary sand other than sand used for prescribed purposes and any other mineral which the Central Government may by notification in the official Gazette decide to be minor mineral.
(3.) BY means of a notification No. G.S.R. 436 dated 1 -6 -1968, the Central Government declared brick earth to be a minor mineral.;