562 Mineral Resources of India. £No. 139. 



the farm of the loha mahal to so late a period as 1795. It must then 

 have reverted to the Zemindar. This personage disposed of parts of 

 his estate at this time, and the purchasers commenced to levy the 

 proprietory dues on the iron mines within their lots. 



In 1799, the Rajah's affairs having become inextricably involved, the 

 whole zemindary was put up to sale, and the lot containing the loha 

 mahal was knocked down to Bustomchurn Hazra. The new owner 

 immediately examined into all the aurungs of the zemindary, and dis- 

 allowing the claim made by the private purchasers above alluded to, 

 sued them for recovery of possession and restitution of mesne profits. 

 The zillah judge decided in his favor. The decree was affirmed by the 

 Provincial Court at Moorshedabad, who further added the singular 

 clause, " that the property of all aurungs, mines, smelting houses, and 

 other iron works lying within that district was vested in Bustomchurn 

 Hazra." The decree was confirmed on a further appeal to the Sudder 

 Dewanny Adalut, who however struck off the clause alluded to above, 

 as irrelevant to the precise question, and not based on sufficient investi- 

 gation. And so it certainly was. Every one had been at liberty to dig 

 out ore from the mines, provided he paid the duty : nor had there been 

 objections to his building his own smelting houses, &c. with the same 

 proviso. The Zemindar certainly exercised a right to prevent new 

 aurungs if he chose, as the supervision of them required a new establish- 

 ment of officers. But the property of the works was undoubtedly in the 

 private individuals, who built them in the aurung. 



The quarrel was revived between the parties, and the Sudder Dewan- 

 ny found it necessary to define the exact privileges which the property 

 of the loha mahal now made perpetual, conveyed to its holder. 



The owner of the loha mahal had a right to all the ore of the zemindary : the 

 sums leviecLon the iron manufactured at the aurungs are viewed as the consideration 

 or price taken hy him for the ore appropriated by the manufacturers. No ores were 

 to be manufactured without paying him the established dues. He was entitled to 

 possession of the aurungs to secure the receipt of these dues. He was entitled to 

 cause new mines of iron ore to be opened anywhere, on condition of making to the 

 landholder in whose estate it lay, full and liberal compensation for the value of any 

 land which may be rendered unfit for cultivation by opening the mine. 



He shall not be entitled to establish new aurungs without previously obtaining 

 the consent of the landholder for the land. He is also prevented from attempting to 



