SATENDRA KUMAR GUPTA Vs. BANARAS IMPROVEMENT TRUST

JUDGEMENT

(1.) This is a reference under Section 113 of the Civil Procedure Code made by the Improvement Trust Tribunal, Banaras. The circumstances in which the reference is made can be stated shortly.

(2.) Under Section 3 of the U. P. Town Improvement Act, 1919, a statutory body known as The Banaras Improvement Trust was created for the purpose of carrying out the provisions of that Act. The Trust was authorised to frame improvement schemes to provide for a number of matters, including schemes known as 'street schemes' for the purpose, inter alia, of improving existing means of communication and facilities of traffic. Under Section 56 of the Act the Trust was further empowered, with the previous sanction of the State Government, to acquire land under the provisions of the Land Acquisition Act, 1894, as modified by the Town Improvement Act for the purpose of giving effect to an improvement scheme. Section 57 required a Tribunal to be constituted for the purpose of performing the functions of the court in reference to the acquisition of land for the Trust under the Land Acquisition Act, and the Tribunal which has made the present reference was a Tribunal so constituted.

(3.) In May 1951 the State Government sanctioned an improvement scheme which had been prepared by the Banaras Improvement Trust. This scheme involved the widening of a road in Varanasi, and for the purpose of carrying the scheme into eltect the Trust, with the previous sanction of the State Government, acquired a number of pieces of land and certain buildings which abutted on the existing road. Included among such properties was a strip of land averaging 76 feet wide covering an area of 1.41 acres which belonged to the applicants. By an order dated 25-9-1952 the Land Acquisition Officer awarded the applicants the sum of Rs. 21,349-6-7 as compensation for the strip of land acquired from them and for a building standing on part thereof. The applicants did not accept this award and required a reference to be made to the Tribunal under Section 18 of the Land Acquisition Act,