UNION OF INDIA UOI Vs. RADHARANI GHOSH

JUDGEMENT

(1.) This is an appeal from a decision dated 29 May 1963 of the learned Arbitrator, Alipore. 24-Parganas in connection with an award of compensation for certain properties which were originally requisitioned by Government under Sub-r. (1) of Rule 75-A of the Defence of India Rules on 3 March, 1942 and thereafter permanently acquired on 27 March 1947 under the Requisitioning and Acquisition of Immoveable Property Act, 1952, hereinafter referred to as the Act XXX of 1952.

(2.) The facts which are in short compass are ss follows :-- The properties relate to five plots of land in Mouza Sultanpur and two plots of land in Mouza Jangalpur. The lands in Mouza Jangalpur are within North Dum Dum Municipality, The Land Acquisition Collector made an award in favour of the claimant for the total sum if Rs. 47.943-3 annas. In making this award he valued the land at the rate of Rupees 2,000/- per bigha and the tanks at Rupees 1,000/- per bigha and awarded a lump sum of Rs. 986-13 annas for the trees standing on the land and also a sum of Rs. 23,422/- for the structure standing thereon,

(3.) The respondent claimant on being dissatisfied with this award, made a reference to the Arbitrator. After this reference was made, the referring claimant came up to this High Court for determination of the question whether the provisions of Section 8 (3) (b) of Act XXX of 1952 the Requisitioning and Acquisition of Immovable Property Act, 1952 are ultra vires. This Court, however, did not decide that question and disposed of the Rule that was obtained by the claimant on the following terms : (a) The Arbitrator will give his award according to law. (b) The arbitrator will give his finding as to value of the properties on the date of requisition as well as on the date of acquisition. (c) Liberty was given to the petitioner to take the point of ultra vires at the hearing. Thereafter the matter was heard before the learned Arbitrator. The claimant examined two witnesses viz., Shri T. K. Ghosh. a Chartered Engineer and Valuer and one Birendra Nath Ghosh. The opposite party, that is to say, the State of West Bengal, also examined two witnesses, namely, the Surveyor of the Office of the Land Acquisition Collector, 24-Parganas as well as one Officer of the C. P. W. D. who was at the material time posted at Dum Dum Air Fort. The learned Arbitrator after hearing the evidence increased the amount of compensation awarded by the Collector to Rupees 75.988.94 p. In making this award the learned Arbitrator gave Rs. 3,000/- as compensation for each bigha of solid land and Rs. 1,500/- per bigha of tank. Further, he allowed the lump sum of Rs. 5,523/- as compensation for the trees and the sum of Rs. 35,164.38 p. as compensation for the structure standing on the land.