PROVINCE OF WEST BENGAL Vs. RAJA OF JHARGRAM

JUDGEMENT

(1.) The principal question for decision in the present appeal is whether the principle of reinstatement -would be attracted in. assessing the compensation payable for damages done to a Forest during requisition.

(2.) During the last War portions of two khas Jungles known as Bandhi Jungle and Chua Jungle belonging to the Raja of Jhargram were requisitioned under Rule 75A of the Defence of India Rules for the Jhargram Air-field. The properly remained under requisition from 15-5-1944 to 3-5-1945 when it was derequisitioned. On such derequisition it transpired that during the period of occupation Government had removed standing trees from a large portion of area. Correspondence ensued and the District Magistrate of Midnapore offered by his letter dared 31-1-1946 a total compensation for Rs. 1,21,449/2/-. One year later by a letter dated 12-2-1947 the District Magistrate modified the offer and reduced the same to Rs. 38,377/1/-. It was stated that out of the amount offered Rs. 1,968/12/- had already been paid for trees-cutting in the year 1944. On behalf of the claimant the offer was not accepted. Accordingly under Section 19(1), Defence of India Act, 1939 (35 of 1939) the question of compensation was referred to an arbitrator.

(3.) On behalf of the claimant Rs. 4,55,438/14/-was claimed as compensation. It will be necessary hereafter to give further details as to the different heads under which the claimant had preferred his claim.