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2013 (7) TMI 1024 - SUPREME COURTWhether the owners of jenmom lands in the Malabar area 1 are the proprietors of the soil and the minerals underneath the soil - In Present case, a `jenmi '2 holds jenmom 3 lands as absolute owner and has proprietary rights over both the soil and subsoil. The ryotwari settlement made by the British Government in the Malabar area of the erstwhile Madras Province only obligated the jenmis to pay revenue to the State but did not in any way affect their proprietary rights in the lands. Nor did the ryotwari settlement have the effect of transferring and vesting the ownership either of the land or the subsoil (minerals) to the State. In support of this submission, the appellants heavily relied on a judgment of this Court in BALMADIES PLANTATIONS LTD. & ANR. VERSUS STATE OF TAMIL NADU [1972 (4) TMI 97 - SUPREME COURT] and also a standing order of the Board of Revenue of the erstwhile Madras HELD THAT:- there is nothing in the law which declares that all mineral wealth sub- soil rights vest in the State, on the other hand, the ownership of sub- soil / mineral wealth should normally follow the ownership of the land, unless the owner of the land is deprived of the same by some valid process. In the instant appeals, no such deprivation is brought to our notice and therefore we hold that the appellants are the proprietors of the minerals obtaining in their lands. We make it clear that we are not making any declaration regarding their liability to pay royalty to the State as that issue stands referred to a larger Bench.
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