MAKHAN DAS Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This is an appeal under Section 18, Land Acquisition Act, in which the property in dispute has been acquired by the Improvement Trust of Cawnpore.

(2.) The appellant before us, Makhan Das claimed compensation at the rate of Rs. 5,000 a bigha. He is dissatisfied with the compensation awarded by the Collector. The Tribunal which sat for the determination of his claim affirmed the award of the Collector. The appellant in his appeal before us complains that a proper method of calculation has not been observed in awarding him compensation, and he objects in particular to his being awarded compensation for a portion of the land in question as if it were merely agricultural land. So far as this portion of the land is concerned, the award is valued at Rs. 150 a bigha. The evidence is very scanty, but the following facts are established.

(3.) The total area in dispute is 5 bighas, 2 biswas, 1 biswansi. The land is situated close to a main road from Cawnpore, apparently the Kalpi road. There can, we think, be no doubt that the land lies within what may be described as the industrial area of Cawnpore. According to the claimant's evidence, which is not rebutted, there is an oil-mill close by and two tanneries; there is also a cotton mill close to the land, and further, Anwarganj Railway station is only two furlongs from the site. The appellant acquired this property many years ago and we may say at once that there is nothing here to suggest that Makhan Das bought this property as a speculation calculating that some day later on an Improvement Trust would be constituted which he might constrain to award him a fancy price for his property.