( 1 ) THESE two appeals have been preferred against the judgment of the Presiding Officer, Nagar Mahapalika Tribunal, Agra, delivered in Land Acquisition Case No. 98 of 1961. First Appeal No. 228 of 1974 has been filed by the Nagar Mahapalika, Agra, whereas the connected First Appeal No. 391 of 1974 is that of Lajpat Rai Kapoor (hereinafter referred to as the claimant ).

( 2 ) THE brief facts are these. A notification under S. 36 of the Town Improvement Act III of 1919 was published in the U. P. Gazette on 27-6-1953. This publication of the notification is equivalent to sub-sec. (1) of S. 4 of the Land Acquisition Act. This was followed by another notification dt. 13-8-1955 under S. 42 (1) of U. P. Town Improvement Act. This notification is equivalent to S. 6 of the Land Acquisition Act. The State Government sanctioned the acquisition as required by U. P. Town Improvement Act and the Scheme.

( 3 ) UPON the proceedings up to the stage of S. 42 (1) being over, notices under S. 9 of the Land Acquisition Act were issued by the Special Land Acquisition Officer. In pursuance, a large nuumber of claims were preferred. One of them was by the claimant, who was the owner of