Judgement

Appeal (No. 119 of 1927) from a decree of the High Court (February 24, 1926) varying an award by the Assistant Judge at Thana on a reference made under the Land Acquisition Act, 1894, s. 18.

The land in question in the appeal was held by the appellant, the Khot of Kanjur, under a kowl or lease from the Government. The main question upon the appeal was whether in proceedings under the Land Acquisition Act, 1894, the appellant was entitled to compensation in respect of buildings erected by the Government upon the land before notifying a declaration under s. 6 of the Act.

The circumstances appear from the judgment of the Judicial Committee.

The Assistant Judge increased the award as to the land but held that the value of the buildings should not be included ; he awarded however interest upon the value of the land as compensation for the Governments occupation before the notification.

Both parties having appealed to the High Court, the learned judges (Macleod C.J. and Coyajee J.), by a judgment delivered by the Chief Justice, restored the original award as to the value of the land, and in other respects affirmed the decision.

1929. Jan. 5, 7, 8. Upjohn K.C. and E. B. Raikes f