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Chairman of the Naihati Municipality Vs. Kishori Lal Goswami - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal171
AppellantChairman of the Naihati Municipality
RespondentKishori Lal Goswami
Cases ReferredNewington v. Jacobs L.R.
Excerpt:
bengal municipal act (beng. act v of 1876), section 32 - municipal corporations--commissioners--right of way--compensation--land acquisition act, x of 1870. - .....what we have to decide is, whether, under section 32 of act v of 1876, the municipality got all the sub-soil under the public way. section 32 runs as follows: 'all roads, bridges * * * * and the pavements stones and other materials thereof, and all erections, materials, implements, and other things provided therefor, shall vest in and belong to the commissioners.'3. if, therefore, the word 'road' carried with it all the soil, all the materials, and all the erections on it, this enumeration in express words, of 'pavements,' 'stones,' &c;, would be unnecessary. clearly, then, there must be some limitation to the word 'road.' it does not mean everything above and below the road; and we think, looking at the case of the vestry of st. mary, newington v. jacobs l.r. 7 q.b. 47 that the.....
Judgment:

O'Kinealy and Agnew, JJ.

1. This is an appeal from the decision of the Judge of 24-Pergunnahs on a reference under the Land Acquisition Act, X of 1870.

2. The Municipality claimed compensation for the whole soil, on the ground that they have a title to the property under Section 32 of Act V of 1876, The zamindar claims the money on the ground that, the soil is his. Therefore, what we have to decide is, whether, under Section 32 of Act V of 1876, the Municipality got all the sub-soil under the public way. Section 32 runs as follows: 'All roads, bridges * * * * and the pavements stones and other materials thereof, and all erections, materials, implements, and other things provided therefor, shall vest in and belong to the Commissioners.'

3. If, therefore, the word 'road' carried with it all the soil, all the materials, and all the erections on it, this enumeration in express words, of 'pavements,' 'stones,' &c;, would be unnecessary. Clearly, then, there must be some limitation to the word 'road.' It does not mean everything above and below the road; and we think, looking at the case of The Vestry of St. Mary, Newington v. Jacobs L.R. 7 Q.B. 47 that the sub-soil did not belong to the Municipality.

4. We therefore dismiss the appeal with costs.


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