- (1.) These two appeals arises out of the acquisition of "Dilkusha" Estate, situated outside the city of Lucknow. The State of Uttar Pradesh is the Appellant in Appeal No. 186 of 1955, whereas the claimant H.S. Gupta is the appellant in appeal No. 187 of 1955.
(2.) On the 3rd September 1947, the Land Acquisition Officer, Lucknow, made an award by which he held that the claimant was entitled to get compensation in the sum of Rs. 2,88,000 along with 15 per cent, for compulsory acquisition under S. 3(2) of the Land Acquisition Act, as well as damages to the extent of Rs.350 per mensem resulting from the diminution of profits from 17-6-1947, i.e., the date of publication of declaration, under S.6, till the date of taking over possession of the property, viz. 6th September 1947. Not being satisfied with the award, at the instance of the claimant a reference was made to the District Judge of Lucknow under S.18 of the Land Acquisition Act and the learned District Judge, after an exhaustive consideration of the various points arising, came to the conclusion that as the net saleable area came to 4,09,952 square foot. Valuing the same at Rs. 1-2-0- per square foot, the compensation due to the claimant on that footing would be Rs 4,61,196. The bungalow on the site, as well as other structures were separately valued with the result that the total market-value of the property came to Rs.5,28,413. The claimant was held entitled to 15 percent. seltium in account of compulsory nature of acquisition and together with that the compensation under cl.(1) of S.23 of the Land Acquisition Act came to Rs.6,07.675. A sum of Rs.983 was also awarded under cl.(6)of S.23. The claimant was also allowed interest at 6 percent per annum of Rs. 2,76,583 being the excess amount allowed by the District Judge from the 6th September 1917 to the date of payment of the excess in Court. Against the decree and judgement of the District Judge of Lucknow, the Government of Uttar Pradesh filed an appeal in the High Court of Judicature, at Allahabad, Lucknow Branch, Lucknow, and the learned Judges (Agarwala and Hari Shankar JJ.) by their judgement dated the 22nd September 1953, reduced the compensation allowed by the District Judge. The present appeals are the outcome of the decision of the Allahabad High Court.
(3.) It is convenient to deal with the points arising in both the appeals together.;