AIR 1956 ANDHRA 81 ::ILR (1956) Andh 733

Andhra Pradesh High Court

Hon'ble Judge(s): Subba Rao , C.J. AND Bhimasankaram , J

(A) Madras Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.20(1)— Tenancy Laws - Shrotrium grant - Right in subsoil created by Shrotriumdar before notification - Validity. Where the grantee is entitled to the surface rights and the grantor to the sub-soil rights and the latter rights can only be exercised by entering upon the surface, it is only natural and just that they should share what is produced by working the mine, since one cannot enter upon the land, as he has no right to do so and the other cannot work the mine, as he has no right to the land. In the case of shrotrium grant the Shrotriumdars had, prior to the notification under Madras Estates Abolition Act, rights in the sub-soil. The Government is bound under the provisos to Sub-S. (1) of S. 20 to allow the petitioners to work the mines, subject to rules relating thereto. (B) Mineral (Concession) Rules (1949) , R.40— Applicability. Rule 40 and other rules coming under Chapter IV of the Mineral Concession Rules, 1949 have no application to a lease which is not given by the Government in favour of the lessee.(Para 6) (C) Mines and Minerals (Regulation and Development) Act (53 of 1948) , S.4(1)— Shrotri....