JAGARNATH PRASAD SHAH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This is a plaintiff's appeal. The plaintiff claims that he has by various transfers become the owner of a plot of land, No. C.K. 37/5,5. To the north of this plot is the Khandhar of one Pandit Tikam Ram Shukla.

(2.) In the year 1914 land acquisition proceedings were started by the Collector of Benares who wanted to acquire the plots Nos. CK. 37/55 and 37/66 of the Khandhar of Pandit Tikam Ram Shukla for the Municipal Board so that the road known as Chauk and Neechibagh road may be widened. The notification under Section 6, Land Acquisition Act was published in due course and notices were also issued as required by Section 9. Under Section 9, Sub-section (3) the Collector was also required to serve notice to the effect that the Government intended to take possession of the land and claims to compensation for interest in such land may be made to him. He also directed that notices be sent to Tikam Ram Shukla and to Mt. Chaurasi who were believed to be the owners of the two plots. The learned Judge has found that in the year 1914 plots Nos. CK. 37/55 and No. 37/56 belonged to Hari Das Rastogi and his brother Narsingh Das. No notices were given to Hari Das Rastogi and Narsingh Das.

(3.) After issue of notice, the Collector gave his award under Section 11 and orders were passed in accordance with the provisions of the Act vesting the land in the Secretary of State. This suit has been filed for a declaration that the proceedings under the Land Acquisition Act were null and void as notice under Section 9, Sub- section (8) was not issued to Hari Das RaBtogi and Narsingh Das but was sent only to Mt. Chaurasi and Tikam Ram Shukla.