LILA GHOSH DEAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals are against the judgment dated 16th March, 2000.

(2.) Briefly stated the facts are as follows : It appears that in the concerned premises there was a film studio. The owner had obtained a decree of eviction aginst the studio. The appeals against that decree were dismissed all the way to this Court. Thereafter execution proceedings were filed to evict the film studio. At that stage, in order to help the film studio, the State Government on 24th December, 1979 requisitioned the property and took possession thereof. The requisition was challenged by filing Writ Petition No. 850 of 1980. On 28th February, 1980 a settlement was arrived at between the State Government and the owner. It was agreed that this property would be acquired by the State Government. A sum of Rs. 11,00,000/- was paid by the Government in advance of acquisition.

(3.) Section 4 Notification was issued in July, 1982. However, it was only published in the locality on 5th of August, 1983. Thus for our purposes the relevant date would be 5th August, 1983. As the Government was not taking any further steps, a writ petition was filed. On 22nd May, 1985 the declaration under S. 6 was issued. An Award came to be passed on 16th September, 1986. In this Award, the price of land was fixed at Rs. 10,940/- per cottah and for the structures a sum of Rs. 5,65,726/- was awarded. Solatium at the rate of 30% was also awarded. So was additional compensation awarded at the rate of 12% from 5-8-1983 to the date of Award.