K. C. Agarwal, J. - (1.) THIS is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the Act) angriest the judgment and decree of the II Additional District Judge, Kanpur given hi a reference under Sec tion 18 of the Act.
(2.) THE facts which are relevant for the purposes of the present appeal are that a notification under Section 4 of the Act was made by the State of U. P. on 25th June, 1956 notifying an area of 6.93 acres of land of village Nauraiya Khera, Pargana Kanpur. The said notifi cation was followed by a notification under Section 6 of the Act dated 1st December, 1956. The purpose of acquisi tion mentioned in the notification was the construction of a Textile Machinery Parts Factory by Messrs. Laxmi Ratan Engineering Works Ltd., Kanpur. Since in this appeal we are only concerned with the quantum of compensation for the land payable to the appellant we will only mention those facts in the judgment which may be relevant for that purpose. The appellant filed a claim in respect of the entire land notified in the notification under Section 4 and asserted in this connection that the total amount to which he is entitled to is Rs. 2,11,800.00. He further claimed that he was the exclusive owner of 6.93 acres. This claim was based on the as sertion that the land being situate in the Factory Area had the potentiality of building site. The Land Acquisition Offi cer by the award dated 19th October, 1960 found that the land did not have any potentiality of building site. Accordingly, on the finding that the rate of Rs. 360.00 per bigha was reason able and justified he awarded a sum of Rs. 4,927-20 as the total amount of com pensation payable to the appellant for the land. This amount of compensation awarded by the Land Acquisition Officer was hi respect of 10 big has 13 his was (5.38 acres) of land, as according to the finding arrived at by him the appellant's claim of compensation for the entire land measuring 6.93 acres was not correct. The Land Acquisition Officer had found that the appellant was entitled to com pensation for land measuring 10 bighas 13 biswas as over this land alone he was recorded as bhumidhar and sirdar. The remaining 3 bighas of land was recorded as banjar and usar and vested in the Gram Samaj, whereas 1 biswa of land was recorded as sirdari of Sri Hanumant Singh.
(3.) AGGRIEVED against the award of the Land Acquisition Officer, the ap pellant made a written application to the Collector, requesting that the matter be referred for determination of the amount of compensation to the District Judge. It was thereupon that the reference was made by the District Land Acquisition Officer under Section 18 of the Act to the. District Judge for determination of the amount of compensation payable to the appellant The appellant contended before the court below that the area of land hi respect of which he was entitled to compensation was 6.93 acres and the amount of compensation should be Rs. 1,53,846.00 instead of Rs. 4,927-20 as awarded by the Land Acquisition Officer. In this way he claimed an additional sum of Rs. 1,48,918-80. The claim for this sum was support ed by the appellant on the ground that the land was situate in the Factory Area and as it had the potentiality of building site he was entitled to compensation ac cording to its potentiality and not mere ly on the basis of its agricultural value, as had been awarded by the Land Ac quisition Officer. The appellant further claimed in the reference that the total land in respect of which he was entitled to compensation was 6.93 acres and not 10 bighas 13 biswas.;