1985 (2) TMI 303 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the agreement (Exh. A) between the State of Kotah and Associated Stone Industries (Kotah) Limited.
2. Applicability of Section 65 of the Contract Act for compensation.
3. Measure of compensation under Section 65 of the Contract Act.
4. Calculation of reasonable royalty and compensation for monopoly rights.
5. Adjustment for the period subsequent to December 15, 1953.
6. Limitation for claims regarding the years 1948-49 and 1949-50.

Detailed Analysis:

1. Validity of the Agreement:
The agreement (Exh. A) between the erstwhile State of Kotah and Associated Stone Industries (Kotah) Limited granted monopoly rights to the company to quarry Kacha stone. The High Court found the agreement to be void, a finding that was not disputed before the Supreme Court.

2. Applicability of Section 65 of the Contract Act:
The State of Rajasthan contended that there was no prayer for adjustment based on Section 65 of the Contract Act in the suit, thus the High Court should not have considered it. However, the Supreme Court rejected this submission, noting that both parties had filed affidavits and documents without demur when the High Court invited them to do so, thereby consenting to the adjudication based on Section 65.

3. Measure of Compensation:
The State argued that the measure of compensation should be the actual profits derived by the company, not the royalty. The Supreme Court disagreed, stating that the net profits from all business activities of the company could not be the measure of compensation. The Court emphasized mutual restoration of advantages under Section 65, and endorsed the High Court's approach of using royalty as the measure of compensation, as it avoided speculative calculations.

4. Calculation of Reasonable Royalty and Compensation:
The High Court considered various factors, including the Rajasthan Minor Mineral Concession Rules, 1955, which fixed the rate of royalty at one rupee two annas per 100 sq. ft. in 1955, later raised to one rupee and 8 annas per 100 sq. ft. in 1956. The High Court's calculation of reasonable royalty and compensation for monopoly rights was deemed reasonable by the Supreme Court.

5. Adjustment for the Period Subsequent to December 15, 1953:
The High Court directed the refund of the entire amount paid by way of royalty to the Government for the period subsequent to December 15, 1953, without any adjustment for compensation. The Supreme Court found this direction unjustified, as it would lead to multiplicity of litigation. The Court adopted a rate of Rs. 2 per 100 sq. ft. for reasonable royalty and 0.50 paise for compensation for monopoly rights, resulting in a refund of Rs. 7,28,435 for the period 1953-59.

6. Limitation for Claims Regarding the Years 1948-49 and 1949-50:
The Company argued that the High Court erred in refusing adjustment for the years 1948-49 and 1949-50 on the ground of limitation. The Supreme Court upheld the High Court's decision, noting that the suit was filed on December 15, 1953, and the income-tax for those years had become payable on April 1, 1950, making the claim time-barred.

Conclusion:
The appeal by the Company was dismissed, and the appeal by the State of Rajasthan was allowed to the extent that the direction to refund Rs. 21,18,909 was modified to a direction to refund Rs. 7,28,435. No order as to costs was made in either appeal.