B PRAG NARAIN Vs. U P GOVERNMENT

JUDGEMENT

(1.) This is an appeal by Babu Prag Narain with a certificate to appeal to this Court under Section 3(1) (b) of the U. P. Town Improvement (Appeals) Act (Act No. III) of 1920 by the Tribunal Improvement Trust, Kanpur created under the Act. By the time the Tribunal could grant the certificate, the said Act had been repealed and replaced by the Kanpur Urban Area Development Act, (U. P. Act No. VI of 1945) and, therefore, (permission to the appellant to appeal was granted under Section 119 of that Act.

(2.) It appears that a compound containing structures belonging to the appellant Babu Prag Narain, situate within the area to which the Act applied, was acquired under the Town Improvement Act read with the Land Acquisiton Act of 1894. The Land Acquisition Officer awarded compensation at 14 years annual rental value. Babu Prag Narain, the awardee, was dissatisfied with the compensation and he made an application praying that under Section 18 of the Land Acquisition Act of 1894 read with Section 53 of the U. P. Town Improvement Act a case regarding the compensation to be awarded for the acquisition in question should be referred to the Tribunal. In his application Babu Prag Narain claimed that the land acquired was very valuable and that he should have been given, as the fair market value, 30 years capitalised rental value as fixed by the Land Acquisition Officer i. e., 30 times, of Rs. 2,568/11/0. He also claimed a certain amount by way of compensation for delayed acquisition. The reference came up before the Tribunal consisting of the President and Assessors and, after taking evidence, they, by their judgment dated 5-10-1944, gave the awardee compensation at 25 times the annual rental value; the latter was fixed at Rs. 3,186/-. From that sum taxes and 16 percent, for repairs were deducted totalling a sum of Rs. 617/5/-, and thus the balance came to Rs. 2,568/11/- and this figure multiplied by 25 worked out to a figure of Rs. 64,217/3/- and this sum was awarded to Babu Prag Narain; thus increasing the amount of the Land Acquisition Officer's award by Rs. 28,255/9/-.

(3.) From the judgment of the Tribunal, it is clear that they had determined the compensation on the annual rental valuation minus deductions for taxes and repairs as already indicated and that they have awarded 25 times the rental valuation as compensation on the ground that the land is valuable, being close to the Mulganj cross-roads.