KING PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) IN all these appeals a common question of law arises for our consideration. A common argument was addressed by counsel concerned and that is why they are disposed of by this common judgment.

(2.) THE U. P. Zamindari Abolition and Land Reforms Act, 1951 (hereinafter called "the Act") came into force on and from 1/07/1952. On the publication of a Notification under Section 4 of the Act all the estates stood transferred to and vested in the State free from all encumbrances. Section 6 of the Act speaks of consequences of such vesting in the State. It says that on the publication of Notification under Section 4 all rights, title and interest of all the intermediaries in every estate in such area including land and in all sub-soil in such estate including rights if any, any mines and minerals whether being worked or not shall cease and be vested in the State of Uttar Pradesh free from all encumbrances. In the light of the above provision, it appears the Collector, Agra issued notices to the appellants stating that they should stop mining as they have lost all rights in the mines and minerals. THE Collector, further took steps to auction the right to, win the minor minerals. At this stage, the appellants challenged the actions of the Collector by moving the High Court.

(3.) THE Mines Tribunal, which was presided over by a District Judge and an expert Member along with him, after considering elaborately the arguments and the materials placed before it negatived all the claims of the appellants holding that the lease could not be perpetual and permanent, that the appellants are bound to pay royalty/dead rent as the case may be and that the leases will necessarily be from the date of vesting of the estate in the State. However, the Mines Tribunal fixed the period of leases from 1-7-52 to 23-11-87 being 10 years from the date of its order.