Non-proprietors with reserved grazing rights in acquired land are deemed interested persons and entitled to claim compensation under the Land Acquisition Act, 1894.

Nirmal Singh, J.

1. One of the important questions of law has been mooted in this appeal as to whether the non-proprietors who have been given the grazing rights in the shamlat deh are entitled to share in the compensation for the land which has been acquired under the Land Acquisition Act, 1894 (hereinafter referred to as the "Act").

2. The facts are not disputed. The Chandigarh Administration vide Notification Nos. P-1/83/80 dated 7.4.1980 and P-1/80-87 dated 22.9.1980 issued under Sections 4 & 6 of the Act had acquired 16.66 acres of land in village Dhanas, U.T. Chandigarh. The Collector assessed the value of the land and the same was deposited in favour of respondent Nos. 2 to 38. The appellants i.e. non-proprietors filed the objections before the Additional District Judge, Chandigarh that by virtue of the decree passed on 20.10.1952, the grazing rights have been reserved in their favour, therefore, they were entitled to the apportionment of the compensation i.e. 50-50 share which was received by the respondents No. 2 to 38. The learned Addl. District Judge, Chandigarh after giving an opportunity of hearing to the respondents, dismissed the objections. Aggrieved by which, the present appeal has been preferred.

3. Ms. Aarti Thakur, learned counsel for the appellants submitted that the appellants were the interested persons in the property which has been acquired under the Act. She further pointed out that the appellants were grazing cattle on the land which had been acquired prior to coming into force of the Punjab Village Common Lands (Regulation) Act, 1961. She further pointed out that there was dispute with regard to the grazing rights between the parties and the appellants had filed a suit. A decree was passed in their favour on 20.10.1952 and as per this decree, the grazing rights were reserved in favour of the appellants. She submitted that grazing right is an easement rights as defined under Section 4 of the Indian Easement Act, 1882. She further submitted that under Section 3(b) of the Act, a person shall be deemed to be interested in land if he is interested in an easement affecting the land. She contended that grazing rights were valuable rights as livelihood of the appellants depend on it and by acquisition of the land, the appellants have lost their source of livelihood. Therefore, they are entitled to 50% apportionment of the compensation.

4. On the other hand, Mr. H.N. Mehtani, learned counsel for the respondents very fairly and candidly made a statement that though there was a decree of grazing right in favour of the appellants, but that does not give right to the appellants to claim compensation. He submitted that the appellants were using the land temporarily for grazing the cattle and they have no permanent right or interest in the land in dispute.

5. In order to appreciate the rival contentions of learned counsel for the parties, a few provisions of the Indian Easement Act, 1882. The Land Acquisition Act, 1894 and The Punjab Village Common Lands (Regulation) Act, 1961 are to be seen.

6. Easement has been defined under Section 4 of the Indian Easement Act, 1882, which reads as under:

"4. Easement defined- An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own." Explanation.- The first and second clauses of this section, the expression "land" includes also things permanently attached to the earth the expression "beneficial enjoyment includes also possible convenience, remote advantage and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, if any part of the soil of the servant heritage, or anything growing or subsisting thereon." Illustration (d)- A, as t