(1) All existing rights (o and over all mines and quarries in or under the said lands or any part thereofl together with all easements theretolore enjoyed by the Government in respect of the said lands or any part thereof, and no grant, unless it is otherwise specifically provided, shall be interpreted as creating or transferring any rights in minerals whatsoever, but such rights shall be deemed to have been expressly excepted and reserved to the Government with liberty to search for work and remove any minerals existing on, over or below the land to which the grant relates, in as full and ample a way as if the grant had not been made; and for the full discovery, enjoyment and use of the rights in mincrals so reserved, it shall be lawful for Government through its authorised agents or assigns or for any officer of the Government duly authorised in that behalf to enter upon the land and occupy it temporarily.
(2) Areas excluded.—All rivers and streams and canals, water courses and drainage channels, excavated or otherwise utilised therefor, together with their beds and banks, and all grounds situated in the said lands or any part thercof as are or may be marked out as or for any distributory channel or channels.
(3) All public thoroughfares existing on the land at the time when the grant is made together with any roads or paths, up to the width of 4 gathas which, though not yet made, have been marked out upon the ground or delineated in the plan or plans kept in the office of the Collector or the Colonisation Department.
COMMENTARY Where the Collector had power to pass order for granting way which was aleady existing on the date when the allotrnent was made and condition 7 (3) is independent and clearly saves the rights in respect of way sanctioned it was held, the pewer to sanction was across the land in which mineral rights were granted. Thus, the latter allotment was subject to pre-existing through fare, roads or paths on the land. Aad Ram and Anr. Vs. State of Rajasthan and Ors..
1993 (2) RLW 393 Ra j. (DB)