( 1 ) THIS is an appeal by Certificate granted by the High Court by order dated 14/12/1978 with a question as under :-

"whether the only right of the grantee is to claim compensation and whether the Government can take possession at any time after expiry of one month in view of Governor Generals order No. 179 dated 12th September, 1836?"

( 2 ) IN view of the Certificate granted by the High Court under Artical 133 (1) of the Constitution, the question arises whether the State is entitled to resume land granted under Section 3 of Gorernment Grant Act, 1895, without prior determination of the amount for the structure. Through the respondent has been served, he has not appeared, either in person or through counsel. We have taken the assistance of counsel for the appellant and we have perused the judgment of the Delhi High Court reported in Shri Raj Singh v. Union of India, AIR 1973 Delhi 169, and the Division Bench judgment of the High Court of Allahabad reported in Bhagwati Devi v. President of India, 1974 All LJ 43, which was relied on and followed by the Division Bench in this case to hold that it is a condition precedent that the State should give notice to the respondent, determine