Pritam Pal, J. - (1.) This judgment will dispose of Regular Second Appeals Nos. 475 to 480 of 1975 as common questions of law and fact are involved in all these cases.
(2.) The principal point to be decided in all these appeals is whether the brick earth excavated from the lands pertaining to all the six cases vests in the State of Punjab entitling it to recover royalty from the landowners in respect thereof. This point has been decided against the Punjab State in all the six cases by the learned trial Court as well as the first appellate Court.
(3.) The six suits filed by the brick kilin owners of District Hoshiarpur were tried jointly as they involved common questions of facts and law. The plaintiffs had been carrying on the manufacture and sale of bricks under valid licences in their favour in accordance with the provisions of Punjab Control of Bricks Supplies Order. In order to manufacture bricks they had been excavating earth from their lands. The Central Government vide its notification No. MJU -159(17)/54 -A -11 dated 1st June, 1958 declared the bricks earth as a minor mineral. On the strength of this notification the appellant State of Punjab demanded royalty in respect of brick earth from the owners of the brick kilns on the ground that this minor mineral vests in the Government. The owners of the brick kilns from whom the royalty was demanded brought these six suits for permanent injunction restraining the State of Punjab from recovering royalty from them denying that the brick earth of their lands vests in the Government. Thus the vital question which arose for determination before the trial Court was whether the minor mineral of brick earth in respect of the lands of the brick klin owners vests in the State of Punjab. The learned trial Court answered this question in the negative and in consequence held that the State of Punjab was not competent to demand or recover any royalty in respect of the brick earth from the owners of the brick kilns. This finding was affirmed by the first appellate Court. The State of Punjab has, therefore, been restrained from recovering royalty from the plaintiffs -respondents by granting decrees of permanent injunction in plaintiffs' favour.;