SECRETARY, CANTONMENT COMMITTEE, BARRACKPORE Vs. SATISH CHANDRA SEN

JUDGEMENT

(1.) This appeal arises out of certain land acquisition proceedings. The Government notified for acquisition a plot comprising some 5? bighas of hind with a house upon it situated in the Barrackpore Cantonment. The respondent was in possession under a title which will he presently considered. The Collector valued the buildings at Rs. 11,467-11-0 which together with Rs. 1,720-2-5, the statutory addition of 15 per cent for compulsory acquisition, he awarded to the respondent and this part of his award is not in dispute. He valued the land at Rs. 9,510-10-0, but refused to Award any part of this to the respondent on the ground that the land being cantonment land was the property of Government. The respondent claimed a reference in the ordinary course. The case came before the Special Land Acquisition Judge, who held that the respondent was entitled to the value of the land also, and accordingly passed and decree in his favour for the additional Bum of Rs. 10,937-3-6, being the above-mentioned Rs. 9,510-10-0 together with the additional 15 per cent. The Secretary of State appealed to the High Court, but his appeal was dismissed, and the matter now comes before His Majesty in Council upon the High Court's certificate.

(2.) The question seems to have been dealt with in India as if the matter were one of apportionment between two contending claimants, the sole criterion being which of the two had made out the better claim to a particular part of the compensation. Their Lordships however have no doubt that, when Government are acquiring immovable property of a public purpose under Act 1 of 1694, it is for the person claiming compensation to establish his title to it affirmatively.

(3.) The difficulty in the present case arisen mainly from the fact that the acquired property is admittedly within the Barrackpore Cantonment, and the tenure of such property is in many cases of a some what anomalous character. It seems clear that much, at all events, of the land comprised in this cantonment, and in other cantonments in different parts of India, was originally acquired by Government for military purposes; but that private individuals were allowed to erect houses upon various plots. Government appear to have encouraged this form of development as providing a simple solution of the varying demand for officer's quarters, and to have recognized, subject to certain restrictions, rights of private ownership in the buildings, while at the same time retaining in themselves the property in the soil. This is sometimes referred to as "military or cantonment tenure."