Ranganath Misra, J. - (1.) Both these appeals are by certificate from the High Court of Allahabad and are directed against its modifying common judgment in a proceeding under S. 35 of the Land Acquisition Act, 1894 ('Act' for short).
(2.) Appellant Brij Behari Sahai held on lease little more than 42 acres of agricultural land out of Military Estates at Allahabad near the confluence of the Ganges and the Yamuna. For the purposes of Kumbh Mela in 1954 possession of the said. land was taken from November 1953 till March 1954. The Land Acquisition Officer made an Award of compensation and there being difference as to the adequacy of the compensation, the matter was referred to the Court for decision. Against the decision of the Court enhancing the compensation, the State of Uttar Pradesh carried an appeal to the High Court of Allahabad. Brij Behari Sahai preferred a cross-objection asking for further enhancement of the compensation. The High Court dealt with the appeal and the cross-objection and enhanced the compensation on five heads as indicated in the penultimate paragraph of its judgment but refused to allow statutory solatium of 15%. Against this judgment of the High Court two separate appeals - one by Brij Behari Sahai and the other by the State of Uttar Pradesh have been brought before this Court.
(3.) Claimant's counsel asked for enhancement of the compensation on the basis of evidence but in the course of hearing we declined to entertain such a contention. Similarly, on behalf of the State challenge was made to the quantum of compensation decreed in the High Court and we did not agree to go into that aspect. The appeal of the State has, therefore, to be dismissed. One contention raised by the claimant relates to entitlement of solatium on the compensation decreed. That question requires to be examined.;