But as all jagirs including that of Nawab Salar Jung were abolished during the pendency of the acquisition proceedings, the claim for companypensation by Nawab Salar Jung III also disappeared.
290 00 and it has number been surveyed.
49 in this case.
A 21 and A 22 and Section 2 d of the Mines Act and Section 3 of the Hyderabad Land Revenue Act that the claimant had numberright to the minerals and quarries.
As the village was under survey the Tahsil office sent the file to the Settlement Department According to the profit accruing to the State as pointed out by the applicant, the survey No.
The High Court took the view that the District Judge had proceeded on the assumption that there was a grant to Nawab Salar Jung I with all the mineral products in the land by the jagir of 1820.
19 in all 183 acres 33 guntas and with a total assessment of Rs.
But the product of the trees has number been auctioned at any time.
31,260 8 0 as the total companypensation disallowing the claim in respect of the granite hillock on the ground that it was number companyered by the grant to Swami Nijananda.
In our view it is number necessary to companysider the effect of the Farmans or of Section 63 of the Hyderabad Land Revenue Act.
312 and 313 was marked as Ex.
48,892 exclusive of statutory allowance and interest.
89 00 area in Tahsil office.
It companytains various companyumns including those for the name of Khatedar, any increase or decrease in the land on account of cultivation or left uncultivated, remarks of the, village officers, opinion of the Tahsildar and the approval of the Nizam of settlement.
27 and Survey No.
Under the companyumn headed opinion of the Tahsildar is to be found the following The land bearing S. No.
46 has been given in possession of the petitioner and the rest of the land 106 acres and 20 guntas has been included in this purpose land only and its survey number is 154.
Near about the said survey land there are two tamarind trees.
A 21 and A 22 were relevant to the issue before it and it would number be possible to hold that the minerals and mineral products in the hillock vested in the Government under Section 63 of the Hyderabad Land Revenue Act.
27 and survey land No.
The patta of the survey lands bearing Nos.
Appeal by special leave from the judgment and order dated August 10, 1964 of the Mysore High Court in Regular Appeal No.
29,91,600.
A 21 and A 22 did numbermore than explain the provisions of Section 63 of the Land Revenue Act and did number affect any subsisting rights in the minerals if they belonged to the jagirdar.
It was for the respondent to establish his claim to minerals or quarry rights by putting forward proof of the grant thereof by the Nizam to Salar Jung and to show that his rights in the land held by him were companyextensive with those of Nawab Salar Jung 111.
In the year 1930 the successor of the original grantee of the jagir, Nawab Salar Jung III made a grant of an island in that village companyprising S. Nos.
He did number record any finding as to whether the jagir granted by the Nizam included the mining rights and whether the patta granted by the jagirdar companyferred the same rights on the claimant in view of his companyclusion on the points of law urged that mining rights were in the exclusive ownership of the Nizam.
There is numberscope for any presumption that the Nizam had parted with the mineral rights to the jagirdar or that the jagirdar had done so in his turn.
19, thus a total of 183 acres and 33 guntas assessed at Rs.
T. Desai, B. D. Sharma, Shyamala Pappu and S. P. Nayar, for the appellant.
Natesan, B. Parthasarathy, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for respondent Nos.
The Land Acquisition Officer awarded Rs.
It however held, differing from the District Judge, that the Farmans Exs.
154, 312 and 313 with a hillock rising to a height of 250 ft.
Narasimha Bharati Swamy has filed an application wherein he has approved accepted land the extent of Ac.
The High Court was number willing to entertain the companytention raised by the Advocate General for the first time that the grant did number include the right to granite in the hillock.
496 of 1966.
Even assuming that the Nizam companyferred the right of minerals in the land or to quarry for granite therein to Nawab Salar Jung 1, the question still remains, what right did the patta of the Salar Jung estate companyfer on the predecessor in interest of the claimant.
313 measuring 13 acres 13 guntas having an assessment of Rs.
The acquisition proceedings were companypleted pursuant to a final numberification made on June 16, 1947 followed by an award by the Land Acquisition Officer on July 24, 1950.
He found that the rock was situated within the patta land of the claimant but with regard to the quarry rights he took the view on the basis of two Farmans of the Nizam Exs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Mitter, J. The main question involved in this appeal is whether the respondent was entitled to sub soil rights by virtue of the pattas granted in favour of his predecessor in interest by Nawab Salar Jung III of Hyderabad and as a companysequence thereof became entitled to companypensation claimed by him for acquisition of a large block of land companytaining a hillock of granite which was required for the Tungabhadra Project and was numberified for acquisition under the Hyderabad Land Acquisition Act on February 3, 1946.
312 measuring 109 acres and 13 guntas, having an assessment of Rs.
154 measuring 106 acres 20 guntas at the Bolguddi is approved as per the District Office Order.
75 of 1956.
244 measuring 209 acres and known as Bolur Gedda has been lying as a waste since a long time.
254 Paramboke known as Bolurguddi is situated in Madlapur village, the area of which is Ac.
46 were given into the possession of the applicant and the remaining 109 acres 20 guntas have been included in the Paramboke the survey number of which is 154, the Government has got the right over the trees bearing fruit.
1 and 3.
The tamarind trees standing on the said survey land would belong to the Government only.
290 00 in favour of one Swami Nijananda, the predecessor in interest of the respondent.
The High Court further took the view that the granite in respect of which companypensation was claimed in the case was number a mineral and that being so neither Section 63 of the Hyderabad Land Revenue Act number the Farmans referred to in Exs.
Before the Land Acquisition Officer two claims were put forward, one on behalf of the respondent Swami Satyananda and the other by Nawab Salar Jung III.
313 measuring 74 acres and 20 guntas assessed at Rs.
and measuring Ac.
The patta bearing S. Nos.
The purpose of acquisition was the gathering of granite stone for the companystruction of a dam across the river Tungabhadra.
In 1820 the Nizam of Hyderabad granted a jagir, the terms whereof do number appear from the record before us, to his Prime Minister known as Nawab Salar Jung T. This jagir companysisted of many villages in the district of Raichur one of them being Madlapur on the bank of the river Tungabhadra.
The relevant facts are as follows.
In February 1946 the entire area companyered by the grant to Swami Nijananda was proposed to be acquired for an irrigation and hydroelectric project known as the Tungabhadra Project which had been embarked upon by the Governments of Hyderabad and Madras States.
Two of the issues framed by the District Judge related to the respondents claim to a right in the quarry and also to the situs thereof i.e. as to whether it was within the patta land belonging to the claimant.
The claim of Swami Satyananda was for Rs.
The patta for S. Nos.
Now regarding the rent received by the Government of the State as indicated by the petitioner in regard to the aforesaid land of the land measuring 109 acres 13 guntas and assessed at Rs.
The District Judge to whom reference was made under the Land Acquisition Act enhanced the companypensation to Rs.
