MOHAMMAD ALAM Vs. STATE

JUDGEMENT

(1.) The present appeal by the referring claimant is directed against the judgment and Award passed on 23/03/1979 and modifies) on 11/09/1979 by the Calcutta Improvement Tribunal in Case No.25 of 1974(v).

(2.) The case relates to the acquisition of premises No.267, Prince Anwarshah Road, plot Nos.2 and 49, Lake Colony Scheme No.III comprising portion of C.S.Dag Nos.919 and 920 of Mouza Chandpur under the General Improvement Scheme known as Scheme No.114B of the Calcutta Improvement Trust in Ward Nos. 95, 96 and 97 of the Calcutta Corpora ion. The acquisition involves 5 Cot. 15 Ch. 18 Sft. of land according to the Award of the L.A. Collector and structures the reupon. The date of publication of notification unifier Section 49 of the Calcutta Improvement Act, 1911 corresponding to Section 4 of the Land Acquisition Act, 1894 is 16-3-67.

(3.) The Collector awarded Rs.65,587.50 as value of land (5 Cot. 15 Ch. 185ft. @ Rs. 11,000.00 per cottah), Rs.41,185 as value of structures and Rs. 100.00 as removal cost. The total award was Rs. 1,06,872.50 reduced to Rs.1,06,864.30p. after deduction of Rs. 8.20 payable to the Commissioner, Corporation of Calcutta for taxes. The Collector's award was passed on 16/03/1973.