- (1.) B. B. Agarwal, J. This first appeal has been filed against the judgment and award dated 26-5-1981 passed by Sri B. N. Jain, Presiding Officer, Nagar Mahapalika Tribunal, Kanpur in Land Acquisition Reference No. 90 of 1973 arising out of Land Acquisition Award No. 34 dated 31-12-1968 whereby the Claimant was awarded compensation for his acquired land @ Rs. 1,500 per Bigha. It is to be noted that this amount included the amount of compensation as well as damages as required under Section 48-A of the Land Acquisition Act (hereinafter described as the "act" ).
(2.) BRIEF facts of the case are that the land of the Claimant alongwith land of other persons was acquired for the Nagar Mahapalika Kanpur through award No. 34 dated 21-12-1968 for the execution of Kalyanpur Panki Pandu Extension and Green Belt Scheme No. 40. Total land acquired for the purpose was 497. 38 acres alongwith some structures, trees, well etc. Preliminary notification under Section 53 of the Kanpur Urban Development Act No. 6 of 1945 was issued on 8-1-1959 and final notification under Section 60 of the same Act was issued on 23-12-1959. Land Acquisition Officer in the impugned award fixed compensation for the total land of the petitioner measuring 22 Bigha 2 Biswa 5 Biswansi pertaining to Khata No. 35 as Rs. 27,989. 21 Paise only. Feeling aggrieved by the said award of the Land Acquisition Officer, the Claimant made a reference under Section 18 of the Land Acquisition Act for enhancement of the compensation before Presiding Officer Nagar Mahapalika, Tribunal Kanpur. The claimant in that petition of reference claimed compensation of his land @ Rs. 5,000 per Bigha besides damages as required under Section 48-A of the Land Acquisition Act. The claim was contested before the Tribunal by the State of U. P. and written statement was filed. Besides other averment it was pleaded that the Special Land Acquisition Officer had awarded compensation on the basis of the price prevalent in 1963-64 though the impugned notification was issued in 1959 and, therefore, excessive compensation had been awarded to the Claimant. The acquisition of the land was not for commercial purposes and it is absolutely incorrect that the land was of the value of Rs. 5,000 per Bigha at the time of preliminary notification. It is also urged that the land acquired in this case cannot be compared with the land at Ghaziabad and no reliance can be placed on the market value of the land prevalent at the time of the ward. Nagar Palika sells land after developing or after making provision for development thereof. The circumstance referred by the petitioner are subsequent to the issue of preliminary notification and could not be relied upon.
(3.) THE learned Tribunal after considering the evidence on record and after hearing learned Counsel for the parties passed the order dated 26-5-1981 in the matter awarding compensation/damages to the tune of Rs. 10,481. 74 P. In addition to the compensation already awarded by the Land Acquisition Officer to the tune of Rs. 27,989. 21 Paise. It has been observed by the learned Tribunal in the judgment that the Special Land Acquisition Officer had awarded Rs. 27,705. 00 as compensation for 22 Bigha 2 Biswas 5 Biswans land of the Claimant pertaining to Khata No. 35 by calculating compensation @ Rs. 1,800 for belt 'a' even land, Rs. 1,500 per Bigha for belt 'a' uneven land, Rs. 1,200 per Bigha for Belt 'a' dug up land, Rs. 600 per Bigha for belt 'b' uneven and dug up land, at the rate of Rs. 900 for even land, besides compensation for the well etc. However, the reference was made before the Tribunal and damages were also claimed by the Claimant under Section 48-A of the Act, as the award was pronounced by the Land Acquisition Officer after a period of about 9 years from the date of the notification. Learned Tribunal instead of calculating specific amount of damages for each type of land of the Claimant, awarded compensation/damages to the Claimant @ Rs. 1,500 per Bigha for the entire land of each category. Against that order of the Tribunal the present appeal has been filed. Heard the learned Counsel for the parties and perused the record of the case. It is conceded by the learned Standing Counsel that as per observation of the learned Tribunal the claimant is entitled to get damages as per provisions of Section 48-A of the Act or Section 376 of the Nagar Mahapalika Adhiniyam, because the award in this case has been given by the Land Acquisition Officer after the expiry of period of two years from the date of issue of acquisition notification. However his argument is that the appellant's claim for compensation at the rate higher than Rs. 500 per Bigha is barred by the provisions of Section 25 of the Act.;