Raj Kumar Mahajan, J. - (1.) THIS is an appeal against the award dated 24.11.1979 passed by Shri K.N. Endley, Presiding Officer, Nagar Mahapalika Tribunal, Kanpur in Reference Case No. 41 of 1975 by virtue of which Ram Naram Shukla and Jai Narain Shukla were awarded Rs. 24,101.50 paise alongwith pendente -lite and future interest @ 6% from the date of possession i.e. till the amount is paid or deposited in Tribunal. The parties will pay and receive costs proportionately. The amount will be paid within three months. This appeal has arisen from the following facts: The land of the appellants involving plot Nos. 544, 545, 555, 556 and 560 was acquired alongwith large chunk of area i.e. 251.17 acres (496 Bighas 38 Biswas) for the execution of Kalyanpur Panki Pandu Expansion and Green Belt Scheme No. 40. Notification dated 31.3.1962 under Section 356 of U.P. Nagar Mahapalika Adhiniyam, 1959 corresponding to Section 4 of Land Acquisition Act was published in U.P. Government Gazette dated 14, 21 and 28.4.1962. Notification under Section 363 of U.P. Nagar Mahapalika Adhiniyam, 1959 was published in U.P. Government Gazette dated 5.10.1963 corresponding to Section 6 of the Land Acquisition Act. The Special Land Acquisition Officer on 31.12.1968 awarded Rs. 900/ - per bigha i.e. 5 Aana per square yard. The Nagar Mahapalika Tribunal vide its award dated 24.11.1979 awarded Rs. 3000/ - per bigha and the total compensation was granted Rs. 15810/ -. It has also granted damages under Section 48 -A of U.P. Nagar Mahapalika Adhiniyam II of 1959 amounting to Rs. 10,600/ - for 5 Bighas and 6 Biswas for the delay in passing the award. Section 48 -A is quoted below: - - 48 -A. - -Compensation to be awarded when land acquired within two years. - -(i) If within a period of two years from the date of the publication of the declaration under Section 6 in respect of any land, the Collector has not made an award under Section 11, with respect to such land the owner of the land shall, unless he has been to a material extent responsible for the delay be entitled to receive compensation for the damage suffered by him in consequence of the delay. The provisions of Part III of this Act, shall apply so far as may be, to the determination of the compensation payable under this section.
(2.) THE Nagar Mahapalika Tribunal relied upon a decision Prabhu Lal v. Special Land Acquisition Officer : 1973 ALJ 656, in awarding the damages, the difference between market value on the date of award and on the date of final notification. Feeling aggrieved the appellants filed the present appeal. The appeal was filed on so many grounds but at the time of arguments Shri K.L. Grover, learned counsel for the appellants has submitted that the Tribunal has committed a mistake as submitted in ground No. 3. The ground No. 3 is quoted below: Because the land in dispute is about 1 1/2 miles nearer to the main city of Kanpur than the land involved in the case of R.L. Arora v. State of U.P. and as such the Tribunal committed material illegality in taking the said value fixed by Hon'ble High Court in the said case at 60% to be the value of the land in dispute.
(3.) SHRI Grover further submitted that the land in dispute is surrounded by posh colony whereas the land in R.C. Arora's case is not so situate. In other words the Tribunal has fixed valuation by relying upon R.C. Arora case and has reduced the price arbitrarily. So his submission that the land in dispute is very near i.e. 1 1/2 km. from the main city of Kanpur and as such it has a potential value of residential building and as such the Tribunal has committed a mistake. It was further submitted that when the Tribunal found that there was rise in prices of at least Rs. 3000/ - per Bighas between 1962 to 1968 but it did not give advantage to the appellants. He also submitted that the Tribunal committed a mistake in assessing damages. According to the appellants damages to the tune of Rs. 85,350/ - should have been calculated i.e. @ Rs. 5,000/ - per bigha. Shri Grover has also filed an application for leading additional evidence under Order 41 Rule 27 C.P.C. praying that a copy of judgment be allowed as a instance evidence dated 3.10.1989 passed by Shri J.S. Yadav, Presiding Officer, Nagar Mahapalika Tribunal. Kanpur Nagar by virtue of which he has granted compensation at the rate of Rs. 5,000/ - per bigha. He also granted dam -ages to the tune of Rs. 39,000/ - per bigha.;