STATE OF WEST BENGAL Vs. DALHOUSIE INSTITUTE SOCIETY

JUDGEMENT

(1.) This appeal by special leave by the State of West Bengal is directed against the judgment and decree dated September 9, 1963 of the Calcutta High Court dismissing the cross-objections filed by the appellant in appeal from original decree No. 111 of 1954.

(2.) The dispute between the parties in this appeal relates to the title to the compensation amount awarded in the land acquisition proceedings to the site of Dalhousie Institute building, premises No,. 34 Dalhousie Square. There is no dispute about the amount of Rs. 7,45,640/- awarded as compensation for the land. The appellant claimed the entire amount as being payable to it whereas, on the other hand, the respondent Dalhousie Institute Society (hereinafter to be referred as the Institute) claimed the amount for itself, Therefore, the question of title to the land which is in controversy between the appellant and the respondent has to be decided and on that will depend the right of the party entitled to the compensation amount.

(3.) Originally the properties acquired under the West Bengal Land (Requisition and Acquisition) Act II of 1948 (hereinafter to be referred as the Act) were No. 34 Dalhousie Square and certain other properties, namely premises No. 34/1 and 35 Dalhousie Square. The controversy regarding premises Nos. 34/1 and 35 Dalhousie Square had been closed even at an early stage. Similarly the parties have agreed that the respondent Institute is entitled to the sum of Rupees 3,90,000/- awarded as compensation for the building standing on premises No. 34 Dalhousie Square. The Land Acquisition Officer referred to the Special Land Acquisition Judge the question regarding apportionment of the compensation amount in respect of the land, premises No. 34 Dalhousie Square.