Ramaswami, J.

1. The petitioners are two limited companies, namely, Hind Constructions Limited and Patel Engineering Company Limited, incorporated, under the Indian Companies Act, and jointly executing the work of construction of Konar Dam No. 1 in the district of Hazaribagh. The Damo-dar Valley Corporation (hereinafter called "the Corporation") is a statutory body incorporated under Central Act 14 of 1948. For the purpose of construction of Konar Dam No. 1, the Government of Bihar acquired lands after issuing declarations under Sec. 6 of Act 1 Of 1394 and Sec.3, Clause 1, of Act 18 of 1885. According to the form of declaration title was acquired not only to the surface right but also such part of the mines and minerals like coal, iron-stone, slate etc. which it might be necessary to dig, or carry away, or use in the construction of the Dam. The condition is expressed in negative form in the declaration (Annexure A) :

"Mines of Coal, iron-stone, slate or other minerals lying under the land or any particular portion of the land, except only such parts of the mines and minerals as it may be necessary to dig, or carry away, or use in the construction of the work for the purpos