UTTAR PRADESH GOVERNMENT Vs. RAM SWARUP

JUDGEMENT

(1.) By this petition under Article 133 (1) (a) of the Constitution the petitioner prays for a certificate to appeal to the Supreme Court against our decision in F. A. No. 54 of 1953. The respondent, has raised a preliminary objection that the petition is not maintainable because our decision is neither a judgment, nor a decree nor a final order. It has accordingly become necessary to set out facts in some detail.

(2.) Pursuant to a General Improvement and Street Scheme, called the Raipurwa Scheme, framed by the Kanpur Improvement Trust the respondent's house with its compound was acquired. Feeling dissatisfied with the award of the Land Acquisition Officer the respondent applied for a reference to the Tribunal. By its order dated November 22, 1957 the Tribunal enhanced the amount of compensation payable to him. He was still not satisfied and preferred an appeal to this Court. We have further increased the amount of compensation. The Tribunal awarded a total amount of Rs. 118429-8, while we have awarded a total amount of Rs. 213360/-.

(3.) The Raipurwa Scheme was notified under Section 42 of the U. P. Town Improvement Act, 1919 on August 29, 1936. But before a compensation award could be given by the Land Acquisition Officer, the 1919 Act was in its application to Kanpur repealed by a new Act, called; the Kanpur Urban Area Development Act (VI of 1945), which came into force on August 11, 1945. The repeal- ing Act further repealed the U. P. Town Improvement (Appeals) Act, 1920 in its application to Kanpur. Clause (a) of Section 4 of the repealing Act dissolved the Kanpur Improvement Trust: Clause (d) thereof provided that for the purpose of completing the execution of any scheme sanctioned under the repealed Act the functions of the dissolved Trust shall be discharged by the Kanpur Development Board, a body corporate created under the repealing Act.