Judgement

AYYANGAR, J. : By a communication dated April 5, 1930, from the Secretary to the Government of the Central Provinces addressed to the Commissioner, Jabalpur Division, certain Nazul land was made available to the Municipal Committee of Jabalpur. In this letter the Secretary stated:

"I am directed by the Governor in Council with the previous sanction of the Government of India to communicate the following orders of the Government of the Central Provinces:-

Under Section 38 (1) (f) of the Central Provinces Municipalities Act, 1922, Government is pleased to transfer to the Municipal Committee, Jabbulpore, free of premium and ground rent nazul land measuring.......... of the Jubbulpore town. The land shall vest in the Municipal Committee subject to the following conditions:

(1) The land shall be used only for the purpose of a garden and no part of it shall be used for any other purpose without the previous sanction of the Local Government.

(2) If condition 1 is broken the land shall be liable to be divested under section 38 (2) and resumed by Government and no compensation whatsoever shall be payable to the Municipal Committee upon such resumption.

(3) If the land is resumed by Gove