NANDESHWAR PRASAD DEOKI NANDAN Vs. U P GOVERNMENT

JUDGEMENT

(1.) These two appeals on certificates granted by the Allahabad High Court raise common questions and will be dealt with together. It will be enough if we mention the facts in appeal No. 167, for the facts in the other appeal are exactly the same, except that the lands in dispute are different in the two cases, though lying in the same area in the city of Kanpur.

(2.) Deoki Nandan, appellant in appeal No. 167, is the lessee of two plots in Anwarganj, Bans Mandi, Kanpur, and his lease is for a period of 99 years from 1943. On these plots there exists a mill known as Om Cotton Ginning and Oil Mill. Besides the mill there are pacca godowns also on the plots and two thirds of the area is under buildings while one third is open land paved with bricks. No part of the land is waste or arable.

(3.) It appears that in February 1932 the Government of U. P. sanctioned by notification a scheme known as Pechbagh Delepurwa Scheme No. XX (hereinafter referred to as scheme No. XX) of the Improvement Trust Kanpur. It may be mentioned that the improvement Trust Kanpur has now been replaced by the Development Board Kanpur (hereinafter referred to as the Board) by the Kanpur Urban Area Development Act. No. VI of 1945. (hereinafter referred to as the Kanpur Act), which repealed the U. P. Town Improvement Act, No. III of 1920, in so far as it applied to Kanpur. It is not clear what happened to scheme No. XX after 1932;but it does appear that it was not fully carried out.