The Lodna Colliery Co. Ltd. VS. Bhola Nath Roy

Case Law No.405, Reporting JudgeDayal

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Summary

The question arising for decision was whether a person with whom a resumed, invalid Lakhraj (revenue free) land was permanently settled had rights in the sub-soil minerals or not.

Held, that the right of property of the persons with whom resumed invalid Lakhraj land had been settled, being the same as of the Zamindars, extended to the sub-soil minerals of the land held by them.

Ranjit Singh v. Kali Dasi Debi (1917) L.R.44

I.A. 117, referred to.

Hari Narain Singh v. Sri Ram Chakrabarti (1910) L. R. 37 I.A. 136, Durga Prasad Singh v.

Braja Nath Bose (1912) L.R. 39 I.A. 133. Sashi Bhusan Misra v. Jyoti Prasad Singh Deo, (1916)L.R.44 I.A.46 and Raghunath Roy Marwari v.

Raja of Jheria, (1919) L.R. 46 I.A. 158, held not applicable.

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Extract

The Lodna Colliery Co. Ltd. VS. Bhola Nath Roy

PETITIONER: THE LODNA COLLIERY CO. LTD.

Vs.

RESPONDENT: BHOLA NATH ROY

DATE OF JUDGMENT: 19/01/1962

BENCH: DAYAL, RAGHUBAR

SINHA, BHUVNESHWAR P.(CJ)

GAJENDRAGADKAR, P.B.

CITATION: 1964 AIR 918 1962 SCR Supl. (2) 636

CITATOR INFO : RF 1973 SC 408 (4)

ACT: Lakhraj land-Permanently settle-Owners' right to sub-soil minerals.

JUDGMENT: CIVIL APPELLATE JURISDICTION : Civil Appeal No. 405 of 1956.

687 Appeal from the judgment and decree dated September 11, 1952, of the Calcutta High Court in Appeal from original Decree No. 162 of 1949.

M.C. Setalvad, Attorney General for India, B.

Sen, S. N. Mukherji and B. N. Ghosh, for the appellant.

N. C. Chatterjee, J. C. Ghose, S. P. Ghose, and P.K. Chatterjee, for the respondents.

1962. January 19 The judgment of the Court was delivered by

RAGHUBAR DAYAL J.-This appeal on a certificate granted by the High Court at Calcutta, raises the quest...

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