Grover, J. - (1.) These appeals which have been brought by certificates from a common judgment of the Madhya Pradesh High Court arise out of certain acquisition proceedings.
(2.) The facts may be stated. Plots Nos. 670 and 735 situate in Madan Mahal Extension area, Jabalpur were acquired by the State Government under the Land Acquisition Act 1894, hereinafter called the 'Act' for constructing the Home Science College. In the present appeals we are concerned mainly with Plot no. 670. On August 31, 1940, a deed of lease had been executed on behalf of the Municipal Corporation granting a lease free of premium to the Hitkarini Sabha, Jabalpur, which is the appellant before us. The lease was in respect of 19 Acress of land comprising Plot No. 670 and another strip of land measuring 0.621 Acres as described in the deed and delineated in the plan annexed thereto. The period of the lease was 30 years and the purpose for which the land was to be used was for locating and running the Hitkarini City College. Amongst other terms and conditions the appellant was to pay a yearly rent of Rs. 5/- for 10 acres and Re. 1/- for the other strip of land besides paying and discharging all rates and taxes etc. The appellant, on the expiry of the lease, was entitled to have the same renewed on such terms and conditions as might be agreed between the parties. The appellant had built a college hostel on the aforesaid land and had also used the attached grounds as playground for students.
(3.) The Collector of Jabalpur, by his award dated July 18, 1955 dealt with the claims filed by the appellant and the Municipal Corporation and after disposing of certain preliminary objections he assessed the compensation for the lands in all the three plots at As/8/ per sq. ft. According to the Collector the appellants was not merely a lessee or tenant-at-will as contented by the Corporation but was a lessee for the term mentioned in the lease-deed dated August 31, 1940, the lease having been made for a specific purpose, i.e. for locating and running a City College. As regards Plot No. 670 the apportionment was made between the appellant and the Corporation.;