THE COLLECTOR Vs. ALOPI NATH AND ORS.

JUDGEMENT

(1.) This is an appeal by way of special leave granted by the High Court in favour of the Collector of Varanasi Under Clause (b) of Sub -section (1) of Sec. 381 of the Nagar Mahapalika Adhiniyam questioning the validity of a decision of the Tribunal constituted under the aforesaid Adhiniyam awarding certain amount as compensation to the Respondent for compulsory acquisition of his house and land.

(2.) The main ground on the basis of which the special leave was granted by the High Court concerned the legality of an award of Rs. 1000/ - as compensation to the Respondent for loss of business, however in the appeal before me the learned Standing Counsel not only questioned the correctness of the award of compensation for loss of business but for all other items.

(3.) For the purpose of widening the main road near the gate of Banaras Hindu University in mohalla Lanka, the Nagar Mahapalika of Varanasi acquired a certain area of land including an area of 4387 square feet belonging to the Respondent. On this piece of land the Respondent had constructed certain shops, workshops and residential apartments. The Respondent claimed over a lag of rupees as compensation as price of the land, houses, standing trees and loss of business. The Compensation Officer awarded an amount of compensation which did not meet the satisfaction of the Respondent who thereupon went up in reference to the Tribunal constituted under the Nagar Mahapalika Adhiniyam. On the material on record and on the basis of the evidence of an Engineer Commissioner appointed by the Tribunal some more amount was awarded as compensation to the Respondent and the increase in compensation was mainly on account of awarding a sum of Rs. 1000/ - as compensation for loss of business and the price for the land acquired at the rate of Rs. 1/4/ - per square feet.