AIR 1936 CALCUTTA 506

Calcutta High Court

Hon'ble Judge(s): M. N. Mukerji, Jack, D. N. Mitter, S. K. Ghose, Patterson , JJJ

*(A) Bengal Municipal Act (3 of 1884) , S.30, S.22— (as amended by Act 4 of 1894) - Inserting words "including the subsoil and all" do not disjoin "not being private property etc." by which "all roads" is governed : 9 I C 562 and 62 Cal 692=163 J C 109 : Overruled. By Inserting the words " including the subsoil and all" between the words "roads and bridges" in the opening sentence of S. 30 the legislature did not intend to disjoin the clause " not being private property, etc.", by which the words " all roads " had been governed all along since 1864 All that the legislature intended to do by the enactment was to include the vesting of the soil along with the surface of the road on the resting that takes place under S. 30 of the Act :(Para 510C1,2) (B) Bengal Municipal Act (15 of 1932) , S.95— S. 95 does not make any substantial change in rights of Municipality in such pathway as Act 3 of 1884 deals with. Section 95, Bengal Municipal Act, 15 of 1932, has not, beyond doing away with the definition of 'road' as contained in the Act of 1884 which led to some confusion and difference of opinion and introducing two definitions of 'private street' and 'public street' S. 3, Cl. (43) and S. 3 Cl. (44), which more precisely define the owners of the land....