SACHINDRA MOHAN DASGUPTA Vs. GOVERNOR OF TRIPURA

JUDGEMENT

(1.) After hearing learned counsel for the parties, we find that the compensation awarded for the requisition of the land in dispute has no legal basis to Justify it. It was awarded at fix per cent of the market value of the land which was later acquired. That is not a basis sanctioned by law. On the other hand, the compensation should have been determined in accordance with the provisions of clause (c) of Ss. (3) of S. 29 of the West Bengal Security Act, 1950 and of Ss. (8) thereof having regard to the criteria enunciated therein.

(2.) We are of the opinion that in order to have the compensation determined in accordance with law and expeditiously it is necessary for this court to appoint a Commissioner. Learned counsel for the parties are agreed that Shri S. B. Laskar, retired District Judge, Agartala may be so appointed. We order accordingly. The parties shall appear before him on 25/11/1981 along with their respective statements of the case regarding compensation and shall submit the same to him on that date. He shall then proceed with the investigation, examine witnesses and do all other things which may be necessary and lawful for arriving at the compensation in accordance with the above criteria. He shall prepare his report expeditiously and submit it to this court by 15/02/1982 at the latest.

(3.) The remuneration of the Commissioner shall be Rs. 5,000. 00 in additionto a sum of Rs. 500. 00 for out-of-pocket expenses by way of engaging a typist, etc. , to be paid by the parties to this appeal half and half.