SECY OF STATE Vs. SHAIKH ZAHID HUSAIN

JUDGEMENT

(1.) This is a first appeal by the Secretary of State for India in Council against an award of a tribunal acting under U.P. Town Improvement Act (Act 3 of 1920). In order to carry out certain improvements in the South Malaka area in the city of Allahabad, a house No. 14 a/4 the property of the respondent was acquired compulsorily for the Allahabad Improvement Trust. The amount awarded by the Land Acquisition Officer for this house and the site upon which it stood was Rs. 17,324. The present respondent was dissatisfied with the amount awarded by the Land Acquisition Officer and under the provisions of the U.P. Town Improvement Act he appealed to a tribunal constituted under that Act. The tribunal having considered the evidence in the case came to the conclusion that the amount awarded by the Land Acquisition Officer was insufficient and awarded the present respondent a total sum of Rs. 25,247 for the house and land in question. The appellant being dissatisfied with this award has preferred an appeal to this Court. The respondent however has taken a preliminary objection to this appeal, which, in our view, must prevail. He contends that this Court cannot hear the appeal by reason of the fact that the appellant has not obtained a certificate from the President of the Tribunal, certifying that this is a fit case for appeal. It will be necessary for us to consider in some detail the provisions relating to appeals in cases of this kind.

(2.) Sec. 56, U.P. Town Improvement Act, 1919, provides that an Improvement Trust may, with previous sanction of the Local Government, acquire land under the provisions of the Land Acquisition Act of 1894, as modified by the provisions of this Act for carrying out any of the purposes of the Act. The first stage for the compulsory acquisition of property is the valuation of such property to be acquired by the Land Acquisition Officer and in this case the award of that officer assessed the value of such property, as we have previously stated, at the sum of Rs. 17,324. It is provided that where the owner of such property is dissatisfied with the award of the Land Acquisition Officer he may appeal to a Tribunal: See Section 57 U.P. Town Improvements Act and Section 18, Land Acquisition Act (Act of I of 1894).

(3.) It is provided by Section 58(d) U.P. Town Improvement Act, 1919, that the award of the Tribunal shall be deemed to be the award of the Court under the said Land Acquisition Act, 1894, and shall be final. The U.P. Town Improvement Act, 1919, was amended by the U.P. Town Improvement (Appeals) Act, 1920, (Act 3 of 1920) and Section 3 of this Amending Act gives a party who is dissatisfied with the award of a tribunal a right in certain circumstances to appeal to the High Court.