INDER PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) :- These are two cross-appeals from the order of the Addl. District Judge dt. 23rd Dec. 1978.

(2.) Pursuant to a notification dated Mar. 6, 1967 issued under S.4 of the Land Acquisition Act (the Act) the Union of India, respondent, acquired building No. 20, Tilak Marg, New Delhi owned by the appellant. In due course the Land Acquisition Collector made the award. He awarded compensation at Rs. 100/-per square yard for the land. For the superstructure standing on the land he awarded Rs. 62,270/-. For trees he gave Rs. 606/-.

(3.) On reference under S.18 of the Act the learned Addl. District Judge enhanced the compensation. For the land he awarded to the owner Rs. 150/- per square yard instead of Rs. 100/- per square yard. For superstructure he awarded Rs. 99,270/-. This meant an increase of Rs. 37,000/- over and above what the Collector had awarded to the land owner for the superstructure. The learned Judge held that out of the compensation so awarded half will go to Capt. Mahabir Prasad Memory Trust and half will go to the appellant, Inder Persad (now dead and represented by his widow Smt. Sneh Lata Prasad). From the order of the Addl. District Judge these two appeals have been brought R. F. A. 119/79 is the owner's appeal. R. F. A. 507/79 is the appeal of the taker of the land, Union of India.