Judgement

Appeal (No. 80 of 1929) from a decree of the High Court (June 20, 1927) affirming a decree of the Special Land Acquisition Judge of 24-Parganas (July 9, 1925).

The appeal arose out of proceedings under the Land Acquisition Act, 1894, whereby the Government acquired a plot of land, with a house thereon, situated within the Barrackpore cantonment. The Collector made an award in favour of the respondent in respect of the value of €he house only. The question arising upon the appeal was whether the respondent was entitled also to the amount awarded by the Collector, after a remand, in respect of the land.

The facts of the case and the revelant provisions of a notification issued by the Secretary to the Government, Military Department, in 1836, appear from the judgment of the Judicial Committee.

The High Court, affirming the view of the Special Land Acquisition Judge, held that the respondent was entitled to the compensation. The learned judges (Ghose and Roy JJ.) were of opinion that the cantonment rules, and other documents before them, did not show that all land within a cantonment belonged to Government. It appeared from the rules that an owner of Government land so situat