K.KANNAN,J. - (1.) THE appeal is at the instance of the State challenging the compensation assessed by the Additional District Judge under Section 5 of the Haryana Minerals (Vesting of Right) Rules, 1973 (for short, 'the 1973 Act'). The proceedings before the District Judge were on a reference under Section 5 of the Act, when the landowners whose properties had been taken over by the Government for mining, refused to receive the compensation determined under the Act. The proceedings had originally started with a notification issued by the Government of Haryana, Industries Department on 24.08.1979 under Section 3(1) of the 1973 Act. The notification stipulates as under: SCHEDULE Serial District Locality/ Hedbast Area of Minerals No. Revenue No. land estate 1 2 3 4 5 6 1 Mohindergar Antri 224 Whole Marble, Road h revenue Metal, estate Masonary Stone, Quartzite 2 Ditto Beharipur 266 Ditto Ditto
(2.) THE level of activity undertaken by the Haryana Minerals Limited (HML) which is the State Government Undertaking finds expressed and brought through a communication to the Mineral Officer, Narnaul. It reveals that the property which was notified was demarcated departmentally and exploratory work had been done as well as exploitation made for marble lumps. The HML had not done any work for diamond stone, that is, block marble. The work was reported to have been done in two pits of the following dimensions: Length 10 meters with 8 meters width, 6 meters depth, specific gravity 2 and the quantity excavated in the first pit was 960 tonnes. In the second pit the excavation was done by the following dimensions: 15 meters length with 8 meters width, depth 3 meters, specific gravity 2 and the quantity excavated was 720 tonnes done. The total quantity excavated was 1680 tones from both the pits. The rate of royalty for marble lumps was Rs.6.40 per tonne and total royalty to be paid was 1680X6.40 = Rs.10,752.00.
(3.) WHEN the above amount was offered to be paid, landowners had caused an objection and each one of them had given details of how as many as 13 mines had been made with specifications relating to length, width and depth. In the statements given by the landowners, they had referred to the dimensions of the pits and the approximation of the tonnage of the materials done at 71353.957 tonnes and working out the value at the same rate at Rs.6.40 per tonne. The total amount which the landowners claimed was Rs.4,56,665.32.;