Mithan Lal, J. - (1.) These are two connected first appeals u/Cl. (f) of sub S.(l) of S. 19 of the Defence of India Act against the same award dated 30 -5 -1948 given by Sri S.Z. Rahman arbitrator appointed u/Cl. (b)' of Sub -section (1) of S. 19 of the said Act.
(2.) Briefly stated, the facts are that the District Magistrate Banaras by his order dated the 29th October 1942 requisitioned (sic)02 acres of land covered by twenty shops in Topi Patti in Banaras town. Later on 26 -4 -1945 the Additional District Magistrate, Varanasi, passed an order u/R. 75(a)(2) of the Defence of India Rules for permanent acquisition of the said land with the shops. Out of the said shops fifteen lying to the north belonged to Sri Jagannath Pd. and another and are the subject matter of First Appeal No. 337 of 1946, while the other five lying to the south belonged to Sri S.N. Misra and another, Appellants in First Appeal No. 2/1947. The site of the shops in a narrow strip of land, and, according to the arbitrator who also made a local inspection, the maximum width of the land is 11 ft. on the northern side while the width of the southern most shop is only 2 -1/4 ft.
(3.) The shops with the land were admittedly acquired for the Municipal Board, Banaras, for the public purpose of widening the main road leading to the chowk bazar. Soon after acquisition the shops were removed sometime in March 1943.;