Judgement

GOVINDA MENON, J. - These two appeals arises out of the acquisition of "Dilkusha" Estate, situated outside the city of Lucknow. The State of Uttar Pradesh is the Appellant in Appeal No. 186 of 1955, whereas the claimant H.S. Gupta is the appellant in appeal No. 187 of 1955.

2. On the 3rd September 1947, the Land Acquisition Officer, Lucknow, made an award by which he held that the claimant was entitled to get compensation in the sum of Rs. 2,88,000 along with 15 per cent, for compulsory acquisition under S. 3(2) of the Land Acquisition Act, as well as damages to the extent of Rs.350 per mensem resulting from the diminution of profits from 17-6-1947, i.e., the date of publication of declaration, under S.6, till the date of taking over possession of the property, viz. 6th September 1947. Not being satisfied with the award, at the instance of the claimant a reference was made to the District Judge of Lucknow under S.18 of the Land Acquisition Act and the learned District Judge, after an exhaustive consideration of the various points arising, came to the conclusion that as the net saleable area came to 4,09,952 square foot. Valuing the same at Rs. 1-2-0- per square foot, the c