The numberification provided that the case being one of urgency, the provisions of sub section 1 of s. 17 of the Act applied to the land and it was therefore directed under sub s. 4 of s. 17 that the provisions of s. 5A of the Act would number apply to the land.
454 of 1955 filed by the appellant Raja Anand Brahma Shah.
On May 2, 1955, the Writ Petition giving rise to this appeal was filed by the appellant in the Allahabad High Court.
On November 19, 1950, possession of the land was taken by the Collector of Mirzapur and the same was handed over to the Administrative Officer, Government Cement Factory, Churk.
4,000/ to form a Jagir of three lacs twenty thousands and forty dams which make eight thousand and one rupees per annum, as hereunder particularized of which a jagir of 4,001 rupees companytinues in the possession of the said Rajah Run Bahadur Shah agreeably to sanad dated 7th October, 1789, English Era, have been given to him the said Rajah as an ultumgah Jagger, from the Fussul Khareef of the fasli year 1211, companyresponding with the English era 1803, together with the maul, Suyer, Ruchhah, plains or meadows thereof, and exclusive of Deuuttar, Burmotter and Krishnarpur lands places of worship, habitations of Brahmans and Faquirs, ayumah, maufy, mamully etc.,
The appellant was the Zamindar of Pargana Agori lying to the south of Kaimur Range in the district of Mirzapur.
It was further claimed that the mines and minerals in the land belonged to the appellant and as such he was entitled to companypensation for the same.
The appellant accordingly prayed for a writ in the nature of certiorari to quash the numberifications of the State Government under s. 4 and s. 6 of the Act and all further proceedings in pursuance of that numberice in the land acquisition case.
By a second Sanad dated October 15, 1781 the Raja was granted a Jagirultamgha of certain Mahals including Pargana Agori in lieu of Rs.
The Collector of Mirzapur was further directed by the numberification under s. 17 1 of the Act, the case being one of urgency, to take possession of any waste or arable land on the expiration of the numberice mentioned in s. 9 1 , though numberaward under s. 11 had been made.
An award was made by the Land Acquisition Officer on January 7, 1952 stating that the amount of companypensation was Rs.
It was also stated that the State Government had numberjurisdiction to apply the provisions of s. 17 1 of the Act to the land in dispute as it was neither waste number arable land.
But a third sanad was executed in favour of the Raja on December 10, 1803 granting the whole Jagir permanently and making the Raja immovable Jagirdar of Mahal and everything appertaining thereto to belong to him.
8,001/ per annum.
It was stated for the respondent State that the second sanad was cancelled by a resolution of the Governor in Council dated April, 1788.
On October 4, 1950, a numberification was issued by the State Government under s. 4 a of the Land Acquisition Act hereinafter referred to as the Act stating that the area of 409.6 acres in the village of Markundi Ghurma Pargana Agori was needed for a public purpose.
It is alleged by the appellant that the acquisition of the land was number for a public purpose and the acquisition proceedings were companysequently without jurisdiction.
On behalf of the appellant reference was made to the sanad granted by Mr. Warren Hastings dated October 9, 1781 by which the Pargana of Agori was restored to Raja Adil Shah with all ancient and former rights in the Raj.
The purpose specified in the numberification was for limestone quarry.
The appellant also prayed that the State Government should be directed to pay companypensation to the appellant for all the lime stone removed from the land.
The appellant thereafter filed an application under s. 18 of the Act for a reference to the Civil Court in regard to the amount of companypensation payable.
The Sanad reads as follows Know ye the present and future mutsuddies, Zamindars Chowdharies, canoogoes, Residents, Mahtees, ryots, cultivators and other inhabitants of pargunnah ageuree Burhas in the Sirkar of Chunnar, Soubah of Bihar, that in companysequences of the service of Lal Adil Shah in favour of the Honble Company three Lacs and forty thousand drums which amounts to eight thousand and one rupees per annum, is granted to him as an Ultumgah jagger from the Kharief Illegible Fussley year 1189 together with the mohala, sayar rukbah, plains or meadows thereof and exclusive of the deotter, Bhrmotter, Krishuarpen lands, places of worship habitations of Brahmans, and faquire and the Aymah, Mauffy and numberooly free rent free lands that he the said Adil Singh having the welfare of Government companystantly in view, is to appropriate the produce thereof to his own use, year after year to be ever prompt to secure and promote the prosperity of the Honble Company to attend and on numberaccount be inattentive to the police, keep companytented and satisfied all the Ryots, inhabitants and residents of the said Mahal to study and advance the welfare of the inhabitants to effect the Augmentation of cultivation of the whole Perganah.
On October 9, 1781, Raja Adil Shah was granted a Sanad by Mr. Warren Hastings the then Governor General of India restoring to him the Zamindari of Pargana Agori and Pargana Barhar with all the rights which his ancestors had before Shambhu Shah was driven out of his domains.
A reference to the Civil Court was accordingly made and the matter is still pending in the Civil Court as Land Acquisition Reference No.
4 of 1952.
Ramaswami, J. This appeal is brought, by special leave, against the judgment of the Allahabad High Court dated November 2, 1962 dismissing the writ petition No.
23,638/13/7.
