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TMI Blog1962 (4) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... ways, village sites, hats, bazars and melas in Bhivapur vested in the State of Madhya Pradesh for the purposes of the State free from all encumbrances under s. 4(1)(a) of the Act. Under the provisions of the States Re-organisation Act, 1956 those rights vested in the State of Bombay and now by virtue of Bombay Re-Organisation Act, 1960 (11 of 1960) in the State of Maharashtra. The provisions of s. 4(1)(a) are as follows:- All rights, title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including land (cultivable or barren) grass-land, scrub jungle, forest, trees, fisheries, wells, tanks, ponds, waterchannels, ferries, pathways, village sites, hats, baza ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent, therefore, preferred an appeal against the order of the Compensation Officer which directed settling only 0.14 acres of land on him. That appeal was. however, dismissed by the Additional Commissioner of Land Reforms and Additional Commissioner of Settlement, Madhya Pradesh, on March 28, 1952. The respondent thereafter was asked to remove his ottas and chabutras. Even so, the matter of settling land covered. by ottas and chabutras on the expropriators was being considered by Government. On May 16, 1952, a press note was issued by the Directorate of Information and Publicity, Government, of Madhya Pradesh the material portion of which runs thus: The Government consider that the option given to expropriators to remove the material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders and directed the State Government to settle the on tire area of Khasra No. 61 /1 of Bhivapur with the respondent on such terms and conditions as may be determined by it. It may be mentioned that the entire area of Khasra No. 61/1 is 12.85 acres or so. The State of Madhya Pradesh sought a certificate from the High Court under Art. 133(1)(c) of the Constitution. But the certificate was not granted. Thereupon a special leave petition was made before this Court under Art. 136 of the Constitution. Leave was granted by this Court by its order dated March 18, 1957. That is how the appeal has come up before us. It may be mentioned that the High Court granted the petition of the respondent on the view that ottas and chabutras etc., are bui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es standing on the abadi of the village excluding that on which bazar was held, which under s. 4(1)(a) vests in the State. Before us however, Mr. Bindra reiterated the contention which was originally pressed in the High Court that ottas and chabutras cannot be regarded as buildings within the meaning of that word in s. 5(a) of the Act. According to him the concession made by the learned Advocate-General was on a question of law and the State is entitled to withdraw that concession. In our opinion the question whether ottas and chabutras fall within the term 'buildings is not purely one of law and the State is not entitled to withdraw that concession. It would also appear from grounds 5 and 6 in the special leave petition that what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is part of the village abadi land and, therefore, all buildings standing on such land would fall within s. 5(a) of the Act and would have to be settled with the ex-proprietor. The only question, therefore, is whether ottas and chabutras can be regarded as buildings. A perusal of that provision would show that where the ex-proprietor has spent money on constructing something within the limits of the village sites, that thing had to be settled with him. The word buildings should, therefore, be given its literal meaning as something which is built. Mr. Bindra's contention, however, is that for a structure to be regarded as a building, it should have walls and a roof and in support of this contention lie relied upon the decision in Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edifice including a. space within its walls and usually covered with a roof, such as a house, a church, a shop, a barn or a shed.' The word 'building' cannot be held to include every Species of erection on land, such as fences, gates or other like structures. Taken in its broadest sense, it can mean only an erection intended for use and occupation as- a habitation or for some purpose of trade, manufacture, ornament or use, constituting a fabric or edifice, such as a house, a store, a church, a shed............ These observations must Be considered in the context of the Act which was being construed and in the context in which they were made. There the Court bad to consider whether erection of gasoline pumps and construction o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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