NAGAR MAHAPALIKA AGRA Vs. LAJPAT RAI KAPOOR

JUDGEMENT

(1.) These two appeals have been preferred against the judgment of the Presiding Officer, Nagar Mahapalika Tribunal, Agra, delivered in Land Acquisition Case No. 98 of 1961. First Appeal No. 228 of 1974 has been filed by the Nagar Mahapalika, Agra, whereas the connected First Appeal No. 391 of 1974 is that of Lajpat Rai Kapoor (hereinafter referred to as the claimant).

(2.) The brief facts are these. A notification under S.36 of the Town Improvement Act III of 1919 was published in the U. P. Gazette on 27-6-1953. This publication of the notification is equivalent to sub-sec.(1) of S.4 of the Land Acquisition Act. This was followed by another notification dt. 13-8-1955 under S.42(1) of U. P. Town Improvement Act. This notification is equivalent to S.6 of the Land Acquisition Act. The State Government sanctioned the acquisition as required by U. P. Town Improvement Act and the Scheme.

(3.) Upon the proceedings up to the stage of S.42(1) being over, notices under S.9 of the Land Acquisition Act were issued by the Special Land Acquisition Officer. In pursuance, a large nuumber of claims were preferred. One of them was by the claimant, who was the owner of M/s. Gulab Ice and Cold Storage. Upon the notifications referred to above, 637 square yards of land of the aforesaid claimant was notified for acquisition. His plots were 44, 45 and 48 of Chak 1, Sawad Sahar in district Agra. These plots were obtained by the claimant on a long term lease taken by him for the purpose of constructing cold storage and ice factory. He actually constructed a factory known as Gulab Ice and Cold Storage before acquisition. Adjacent to the cold storage, the claimant had 1350 square yards of land. Out of this 1350 square yards, 637 square yards of land had been acquired. The claimant alleged that the entire land, measuring 1350 square yards, was being used by him for the purposes of his cold storage, which had the capacity of 5000 Maunds of potatoes. As a result of acquisition of 637 square yards, the claimant suffered great loss. Processing of potatoes and other necessary ancillary steps before and after storing the same in the cold storage were greatly affected. The claimant alleged that as a result of acquisition of 637 square yards of land, the capacity of storing potatoes in the cold storage had been reduced to 50 per cent. The claimant alleged in the claim filed in response to the notice under S.9 of the Land Acquisition Act that his loss could be estimated at Rs. 2,60,000/- being the capitalised value of the loss of Rs. 13,000/-annually on account of the reduced capacity of the cold storage. He further claimed 15% statutory compensation under S.23(2) of the Land Acquisition Act.