MD. ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present appeal by the referring claimant is directed against the judgment and award passed on March 23, 1979 and modified on September 11, 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 ImprovementTrust in Ward Nos.'95, 96 and 97 of the Calcutta Corporation. The acquisition involves 5 Ch. 18 Sft. of land according to the award of the L.A. Collector and structures thereupon. The date of publication of notification under S. 49 of the Calcutta Improvement Act, 1911 corresponding to S. 4 of the Land Acquisition Act, 1894 is 16 -3 -67.

(3.) UPON reference being made under S. 18 of the Land Acquisition Act, the Calcutta Improvement Tribunal after hearing the referring claimant and the State of West Bengal and upon a consideration of the materials on record has held that the area of the land acquired was 6 Cot. 9 Ch. 11 Sft. and not 5 Cot. 15 Ch. 18 Sft. as held by the L.A. Collector, The Tribunal has assessed the value of the said land at Rs. 76,118.00 worked out at the rate of Rs. 11,572/ - per cottah (average). The value of the structures was assessed at Rs.48,812/ -. So, the increase in the value of land and structure was Rs. 10,530.50p. (Rs. 76,118/ - less 65,587. 50p.) and Rs. 6,627/0 (Rs.48,812/ - less Rs. 41,185/ -) respectively. The total enhancement was Rs. 18,157.50p. The Tribunal further allowed solatium at the rate of 15% over the value of land and structures as awarded by the Tribunal. It was also ordered that the increased amount of value of land and structure as well as the amount of solatium would carry interest at the rate of 6% per annum with effect from the date of Collector's taking possession of the land till the amount was remitted to the Tribunal. The award of the Tribunal was passed on March 23, 1979.