AIR 1946 NAGPUR 1

Nagpur High Court

Hon'ble Judge(s): Grille , C.J. AND Sen , J

Land Acquisition Act (1 of 1894) , S.15 S.23— Lease of waste land by Government as iimestone quarry with renewal clause - Compulsory acquisition of - Amount of compensation - Land Acquisition (Mines) Act held not applicable. Certain waste land was leased by the Government as limestone quarry. The lease was for ten year and contained a renewal clause subject to certain conditions for a further term of ten years. At the date of the notification under S. 4, Land Acquisition Act, the lease had four years and 2 month to ran. The question was to what compensation the lessee was entitled by virtue of his lease from Government to work the limestone quarry, and whether the lessee was entitled to claim the value of the limestone in the quarry less the costs of quarrying it : Held (1) that the Land Acquisition (Mines) Act (1885) had no application to the Central Provinces and therefore no compensation could be awarded to the owner of mines in Central Provinces as mines were owned by Government and further there was no question of compensation to anyone having right in the surface since the land was waste land and the surface rights were in Government: Case law discussed.(Para 3) (2) that it was possible for the condition of a further lease to have a market-value which could be taken into consideration in awarding compensati....