THE COLLECTOR, VARANASI Vs. AJIT PRATAP SINGH

JUDGEMENT

(1.) These two connected first appeals arise out of the judgment and decree dated 17-12-1967, passed by the Chairman of the Tribunal constituted under Sec. 371 of the U. P. Nagar Mahapalika Adhiniyam, 1959 for the Nagar Mahapalika, Varanasi in Reference No. 7 of 1955. They raise common points of law and facts and may be conveniently disposed of together.

(2.) Two plots Nos. 1871 and 1872, measuring 1.57 acres in all, were acquired under the U. P. Town Improvement Act, 1919 for Bahlupur Housing and General Development Scheme. The notification under Sec. 4 of the Land Acquisition Act was made on 17-12-1949 and notice under Sec. 9 of the Land Acquisition Act was issued on 22-2-1952. The owner filed a claim of rupees two lacs and sixty seven thousand. The special Land Acquisition Officer by his award dated 5-7-1955, allowed a sum of Rs. 9,435.50 as total compensation in the manner indicated below:- <FRM>JUDGEMENT_96_LAWS(ALL)3_1979.html</FRM>

(3.) At the instance of the claimant a reference was made under Sec. 18 of the Land Acquisition Act and the Tribunal allowed Rs. 35,534.00 as total compensation for the property acquired. Aggrieved by this judgment both the parties have come up in appeal to this court.