MADAN CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal was preferred by the referring claimant against the award of the Calcutta Improvement Tribunal (hereinafter referred to as the Tribunal ). The referring claimant having died during the pendency of the appeal his heirs and legal representatives were substituted in his place and they are the present appellants before us.

(2.) PREMISES No. 32, Bagmari Lane is the acquired property and is the subject-matter of this appeal. On the contiguous west of premises No. 32, is the premises No. 33, Bagmari Lane, Premises Nos. 29, 30 and 31, Bagmari Lane are situate on the contiguous least of premises No. 32.

(3.) ALTHOUGH, the acquired property is numbered as 32, Bagmari Lane no part of it is situate on the Bagmari Lane. On the south of this premises there is a 16 feet wide common passage running east-west and the frontage of the premises is on this common passage. The common passage meets the Bagmari Lane on the East. Premises No. 33 also has its frontage on the common passage, but the other three premises, namely, premises Nos. 29, 30 and 31 have their respective frontages on the Bagmari Lane. It is thus apparent that between premises No. 32 and the Bagmari Lane, those three premises are situate, and consequently premises No. 32 is some distant away from Bagmari Lane.