KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY Vs. GOBINDA CHANDRA MAKAL

JUDGEMENT

(1.) These appeals by the Kolkata Metropolitan Development Authority (for short KMDA) and the State of West Bengal (State for short) relate to determination of compensation for acquisition of the following three lands for East Calcutta Area Development Project, falling under Mouza Madurdaha, (JL No. 12), District 24 Parganas (South) within the limits of Kolkata Municipal Corporation:

(2.) The said lands belonging to the first Respondent along with surrounding lands were requisitioned by the State Government under Section 3(1) of the West Bengal Land (Requisition & Acquisition) Act, 1948 (for short WB Requisition Act) on 27.4.1978. The possession of the land was taken by the Collector in pursuance of such requisition, on 8.5.1978, 16.7.1979 and 16.9.1979. In anticipation of the acquisition, the value of the land was assessed under Section 8B of the said Act and 80% of the estimated compensation was paid to the first Respondent in or about 1979. On 7.4.1987, the Collector issued a notification under Section 4(1a) of the said Act, to acquire the land, but did not make an award under Section 7 of the said Act. WB Requisition Act was a temporary Act and remained in force only till 31.3.1997. The Land Acquisition Act 1894 (LA Act for short) was amended by West Bengal Act 7 of 1997 (with effect from 2.5.1997) inserting Sub-sections (3A) and (3B) in Section 9 of LA Act whereby it was provided that in regard to lands possession of which had been taken on requisition under the WB Requisition Act, the proceedings initiated under the WB Requisition Act would stand converted to proceedings under LA Act upon issuance of appropriate notice. Such notice was issued on 10.12.1997 and the acquisition proceedings under the WB Requisition Act were converted into acquisition proceedings under the LA Act. But as No. award was made within a period of two years, the said acquisition lapsed under Section 11A of LA Act. Therefore, fresh acquisition proceedings were initiated by issue of a notification dated 13.9.2000 under Section 4(1) of the LA Act (Gazetted on 13.9.2000 and thereafter published in the newspapers and pubic notice of the substance of notification was notified in the locality on 16.11.2000) followed by a notification dated 27.11.2000 issued under Section 6 of the LA Act (gazetted on 28.11.2000).

(3.) The Collector made an award dated 13.12.2001 determining the market value of the acquired lands as Rs. 2386 per cottah for sali land and Rs. 1193 per cottah for beel land. For this purpose, the Collector took the average of the value disclosed by the sale of small plots bearing Dag Nos. 417, 417 and 455 under deeds dated 15.1.1982, 20.1.1982 and 15.2.1982 and by providing appreciation at the rate of 5% per year from 1982 to 2000, arrived at the value of Rs. 144,353/- per acre or Rs. 2386/- per cottah for sali land and Rs. 1193/- per cottah (half of the value of sali land) as the value of beel land. Feeling aggrieved, the first Respondent sought reference to civil court claiming enhancement in regard to the three lands. The three references were registered as LA Nos. 47, 77 and 78 of 2003.