( 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 the compensation and then resume the property granted to the respondent. The question, therefore, is whether it is a condition precedent for the Givernment to resume the land only after determination of the compensation and payment thereof or on the issuance of the notice as required under the Grant and on expiry thereof. To appreciate the contention, it is necessary to look to the provision of the Grant itself. Under Section 3 of the Act, the Governor General in Council exercised the power and granted licence to the respondent to erect the structure on the Government land. The conditions of the Grant are:

"no ground will be granted except on the following conditions, which are to be subscribed by every grantee as well as by those whom his grant may subsequently be transferred :-

1st : Government to retain the power of resumption at any time on giving one months notice and payment of the value of such building as may have been authorised to be erected. "

( 3 ) THE clauses are not relevant for the purpose of this case. Hence they are omitted.

( 4 ) IN the Order No. 179 of 1836, the Governor General in Council had issued the regulation empowering the Governor General to rescind authorised order in force till then and to substitute for them by regulations. The regulations in Order No. 179 of 1836, are statutory regulation made by the Governor General in Council in exercise of his statutory power. The covenants for the Grant clearly empower the Government retaining its power of resumption at any time. The conditions precedent are : to issue one months notice and payment of the value of such building as may have been authorised to be erected.

( 5 ) THE Division Bench of the Delhi High Court has left open the question of mode of determination of value of the building to be determined in accordance with the relevant provision of the law. The Division Bench of the Allahabad High Court in Bhagwati Devis case. (1974 All LJ 43) (supra), in paragraph 7, had held that though the Government is entitled to resume the, grantee is entitled to a prior opporunity to represent his case before the competent authority in determination of the value of the building and for payment for the value of such building resumed by the State.

( 6 ) IT would appear that detailed instructions in that behalf were made in the Standing Order No. 241 which was produced befor the Division Bench of the High Court of Allahabad in which Military Engineer was instructed to evaluate the value of the building which was resumed by the Government for payment of the amount to the erstwhile licencee. We are not concerned in this appeal as to the method of valuation. Suffice it to state that the Order No. 241 though does not contemplate of issuing prior notice to erstwhile licencee whose licence has been