UNION SUGAR MILLS CO Vs. U P GOVERNMENT

JUDGEMENT

(1.) This is an appeal by the Union Sugar Mills Company. It arises out of certain acquisition proceedings taken under the U. P. Town Improvement Act (Act No. 8 of 1919).

(2.) It appears that the appellant was claiming to be the permanent lessee of 15 bighas, 19 biswas and 19 biswansis of land under leases dated the 18th December, 1919, the 20th April, 1921, the 8th July 1921 and the 22nd February 1925. The Improvement Trust Kanpur took acquisition proceedings in respect of this land under the U. P. Town Improvement Act (Act No. 8 of 1919) hereinafter called "the Act." Thereafter, three notifications were issued in respect of this land under Section 36 of the Act. The first notification was issued on the 17th of January, 1920, the second was issued on 24th of January, 1920, and the third was issued on the 31st of January, 1920. On the 18th of January 1921, a notification under Section 42 of the Act was issued. On the 3rd of August, 1944, the land Acquisition officer made an award allowing Rs. 641-15-5 as compensation to the appellant. On the 16th of December, 1944 the appellant made an application before the land Acquisition officer for reference to a Tribunal. The matter was accordingly, referred to the Tribunal. On the 28th of May, 1946, the Tribunal passed its order dismissing the reference on the ground that the interest claimed by the appellant having been acquired after the issue of notifications in respect of it, the appellant could not get any compensation in respect of it.

(3.) Aggrieved with the said order, the appellant has filed this appeal in the High Court.