NARAINDAS JAIN Vs. AGRA NAGAR MAHAPALIKA AGRA

JUDGEMENT

(1.) This appeal by special leave is directed against the common judgment and order of the division bench of the Allahabad High court dated 23/05/1975.

(2.) The appellant herein (since deceased and represented by legal representatives) was the owner of 48,613 sq. yards of land in village Ghatwasan, Teh. Sadar, Dist. Agra. The same was acquired by the Agra Town Improvement Trust under the provisions of the U. P. Town Improvement Act, 1919. Notification under S. 36 (2 of the aforesaid Act, which is analogous to S. 4 of the Land Acquisition Act, 1894 was issued on 29/07/1950 and the acquisition proceedings culminated in an award of the Land Acquisition Collector, followed by taking possession of the land from the appellant on 11/03/1953. For the land acquired, the appellant was paid a paltry sum of Rs. 1344-2 annas and 6 paise as compensation. No solatium was awarded as none was awardable under the U. P. Town Improvement Act, 1919.

(3.) Feeling dissatisfied the appellant sought a reference under Section 18 of the Land Acquisition Act before the Nagar Mahapalika tribunal, a creature of the U. P. Town Improvement Act, 1919. The appellant asserted before the tribunal that he should have been allowed a rate of Rs. 8. 00 per sq. yard for the acquired land. The Tribunal partly accepted the claim of the appellant by its order dated 5/11/1965 raising compensation to the rate of Rs. 3. 00 per sq. yard and thus held the appellant entitled to a total sum of Rs. 1,45,839. 00 inclusive of the sum of about Rs. 1344. 00 already received by him. The tribunal also awarded interest on the amount due at the rate of 4 1/2 per cent per annum with effect from 11/03/1953, the date of taking possession of the land till its payment.