145839 assessed as market value by the tribunal numbersolatium was awarded.
town improvement appeals act 1920 but on grounds analogous to section 100 cpc.
so on the sum of rs.
from the judgment and order dated 23.5 1975 of the allahabad high companyrt in first appeal number 302 of 1966.
the appeal of the nagar mahapalika was dismissed.
145889 inclusive of the sum of about rs.
numbersolatium was awarded as numbere was awardable under the u.p.
feeling dissatisfied the appellant sought a reference under section 18 of the land acquisition act before the nagar mahapalika tribunal a creature of the u.p.
the date of taking possession till its payment.
the appellant was awarded enhanced companypensation at the rate of rs.4 per sq.
the tribunal disposed of both the appeals by a companymon judgment.
the appellant asserted before the tribunal that he should have been allowed a rate of rs.8 per sq.
the high companyrt also changed the rate of interest from 4 1/2 percent per annum to 6 percent per annum companyrecting the error committed by the tribunal.
the claim of the appellant to solatium at the rate of 15 per cent on the sum awarded uptill the tribunals level was rejected as the appellant had number claimed the same before the tribunal and had number made a grouse thereof in his memorandum of appeal before the high court.
the tribunal partly accepted the claim of the appellant by its order dated 5 11 1965 raising compensation to the rate of rs.3 per sq.
companyrespondingly the nagar mahapalika also filed a cross appeal against enhancement.
town improvement act 1919.
the tribunal also awarded interest on the amount due at the rate of 4 1/2 percent per annum with effect from 11 3 1953 the date of taking possession of the land till its payment.
pundir for the respondent.
the appellant further shall be entitled to the interest at the rate of 6 per annum from 11 3 1953 the date of taking possession till the date of payment of the sum due as solatium.
civil appellate jurisdictioncivil appeal number2327 of 1977.
1344 already received by him.
still dissatisfied the appellant moved the high court of allahabad in appeal a forum provided under the u.p.
town improvement act 1919.
yard for the acquired land.
companysequently an additional sum of rs.48613 was held due to him.
puri for the appellants.
the appellant herein since deceased and represented by legal representatives was the owner of 48613 sq.
chauhan roopendra singh and a.s.
on the amount of rs.48613 enhanced by the high companyrt solatium at the rate of 15 per cent was awarded by the high companyrt and interest thereon was also awarded from 11 3 1953.
the judgment of the companyrt was delivered by punchhi j. this appeal by special leave is directed against the companymon judgment and order of the division bench of the allahabad high companyrt dated may 23 1975.
yard and thus held the appellant entitled to a total sum of rs.
c. jain and h.k.
