KADAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the award of the Improvement Trust Tribunal Constitued under the United Provinces Town Improvement Act, as applied to Delhi (hereinafter called the Act) confirming the award of the collector ofRs.38,816/4.00in respect of the land and superstructure acquired by the Government for the Delhi Improvement Trust for its Delhi-Ajmeri Gate, Slum, Clearance Scheme. In this appeal of the claimant Kidar Nath. The compensation is sought to be "enhanced by Rs. 40,000.00". The first notice under section 36 of the Act was given on 19th of March, 1938, and the details of the scheme were given therein. The notification sanctioning the scheme under section 42 was not, however, published till 29th of April, 1946. The notification, it appears, had been delayed on account of the exigency of war in between the dated of notice and notification. The property of the a]-pell?nt which was acquired consists of Katra built on land measuring 1152.8 square yards. The property so acquired actually vested in the Improvement Trust on 28th of January, 1952. The Special Land Acquisition Collector made his sward on 16th of May, 1951. The compensation under the Act is awarded on the basis of present user and its provisions rule out altogether the potential value of the land which has to be compensated for.

(2.) The claimant adduced no support for his claim before the Collector who accepted the evidence of the Delhi Municipal Committee with regard to the rental value of the Property, being Rs. 2226.00 per annum. Deducting l Oper cent on account of repairs and Rs. 6 2/9/6 for house-tax from the figure the net annual value was fixed at Rs. 1940/13.00 and the compensation was made payable on its capitalised value for a period of twenty years, the amount so awarded being Rs. 38,816/4.00

(3.) Before the Improvement Trust Tribunal, there was some dispute with regard to the actual area which had been acquired the claimant's case being that the land taken under the scheme was 1200 square yards and not 1152.8 square yards. This matter was decided against the claimant and is now longer urged by Mr. Hardy, the learned counsel for the appellant. The Improvement Trust Tribunal also accepted the evidence which had been adduced before the Collector for determination of the annual rental value. The Petitioner's claim under section 48-A of the Act was found untenable. In the result, the Tribunal affirmed the Collector's award.