Sudhir Agarwal, J. - (1.) This appeal under Section 381 of U.P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as 'Act, 1959') has arisen from judgment and award dated 02.04.1971 passed by Sri Hira Lal Kapoor, District Judge/Chairman, Nagar Mahapalika Tribunal, Agra (hereinafter referred to as ''Tribunal') in Land Acquisition Case (hereinafter referred to as 'LAR') No. 95 of 1961 whereby it has allowed a total compensation against acquired land, to respondents 3, 4 and 5 at Rs. 65,891.25/- and to appellants who were tenants, at Rs. 22,572.88/-. The aforesaid amount comes after deduction of amount already awarded by Land Acquisition Officer (hereinafter referred to as 'LAO').
(2.) Dispute relates to acquisition of 12 bigha 3 biswa land situated in Village Surajpur which include plot no. 378 area 15 biswa; 399 area 5 biswa and 384, 385, 386, 387, 388, 394, 396, 397, 398, total area 6 bigha 15 biswa (20418.75 square yards).
(3.) In 1953, there was Town Improvement Trust at Agra governed by U.P. Town Improvement Act, 1919 (hereinafter referred to as "Act, 1919"). For acquisition of land as aforesaid, a notification under Section 36 of Act, 1919, (pari materia to Section 4 of Land Acquisition Act, 1894) (hereinafter referred to as "Act, 1894") was issued and published on 13/20/27.06.1953. Declaration under Section 42 of Act, 1919 (pari materia to Section 6 of Act, 1894) was published on 13th September, 1955. Most land was agricultural but some part of plots No. 378 and 399 was lying barren (Banjar). The aforesaid land was sought to be acquired for development of Raja Mandi Railway Station at Agra.;