Law: Punjab Land Revenue Act, 1887

Section: 42,42(1)

(a) Punjab Land Revenue Act, (XVII of 1887)--- ---S. 42-Quarry­Place wherefrom stone is regularly removed is a quarry. Since the plaintiffs themselves allege that they habitually remove stones from these two places, there need be no hesitation in holding that they constitute quarries in the sense of local areas from which stone is regularly removed. The mere absence of mention in the pre-1871 record-of-rights, regarding the ownership of these quarries would not, in the circumstances, suffice to create a presumption that the stone belongs to the Crown: under subsection (1) of section 42, Punjab Land Revenue Act. But, in the first wajib-ul-arz drawn up after 1871, viz., that of 1884-88. there is a clear stipulation that the Government was to be the owner of all minerals. (b) Custom-Wajib-ul-aiz of village Paurmiana, District Attock- ---Stones belong to Government hence Government has right of royality. Wajib-ul-arz of 1884-88 provides for proprietorship in stone to belong to Government if and when a stone quarry was ever commenced in the village, even though none was in existence at the time of the settlement. For the purposes of the Minor Mineral Rules, mere removal is sufficient, but in order that the place should be mentioned as a quarry in the Wajib-ul-arz, it would naturally be necessary that, as already remarked, by regularity of localised practice, it should have become a quarry. (c) Words and phrase------ ----Pari-Outcrops of stones, etc., in a hilly region-Pahar-Hill or hillock. JUDGMENT CORNELIUS, J.--This is a second appeal by the Punjab Province, the respondents being Pola, Said Ahmad, Mubarak and Rahmat Din, all non­ proprietors of village Paurmiana in the Campbellpur District, for them­selves and on behalf of about 200 other non-proprietors of the village. The suit was brought by the non-proprietors against the Government, upon the allegation that the Government had obstructed the plaintiffs from excavating stones from two places in the village, viz., Khasra No. 591 known as "Pari" (outcrops of stones, etc., in a hilly region (and Khasra No. 1104 which is described as "Pahar", i.e., hill or hillock. The plaintiffs claimed an absolute right through…

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