COLLECTOR LAND ACQUISITION DARJEELING Vs. SUDHANGSU SIL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31/07/1987 passed by the learned District Judge, Darjeeling in Misc. Judicial (Land Acquisition) Case No. 11 of 1977.

(2.) This case relates to acquisition of land with building and garden known as 'Sailabhas' at Kalimpong for accommodation of Civil and Criminal Courts at Kalimpong and Soil Testing Laboratory of the Agricultural Department under L.A. Case No. 3/5 of 1976-77. The total area of the land is 2.115 acres comprising homestead, garden, sukha, bamboo and road classes of land recorded in the settlement record of Mouza Kalimpong town, J.L. No. 56, P. S. Kalimpong, District Darjeeling, covered by C.S. Plot Nos. 7901, 7902, 7903, 7904, 7905, 7906 and 7907. The property has been acquired by Notification No. 26056-L.A. dt. 24-10-75 published in the Calcutta Extra Ordinary Gazette of the same date and Declaration No. 21552-L.A. dt. 23-12-76 published in Calcutta Extra Ordinary Gazette dt. 24-12-76. The total award of compensation given by the Collector is Rs. 2,95,255.00.

(3.) The claimants filed an application u/S. 18 of the Land Acquisition Act before the Collector and accordingly the Collector made a reference to the District Judge. After considering the evidence on record the learned District Judge allowed the reference and awarded compensation which is as follows : (a) Rs. 2,20,979/- for land measuring 2.115 acres; (b) Rs. 2,61,463/- for building and other structures; (c) Rs. 30,000/- for fittings; (d) Rs. 10,000/- for trees; (e) Rs. 22,181/- for compensation u/S.23(1-A) of the L.A. Act @ 12 per annum from 24-10-75 to 3-3-76; (f) Rs. 1,56,732/- for compensation u/S.23(2) of the L.A. Act of the total valuation of the land including building, fittings and trees @ 30 per centum TOTAL Rs. 7,01,355/- (Rupees Seven Lac One Thousand Three Hundred Fifty-five). Less the amount already drawn. (g) Interest at the rate of 9% per annum on the excess amount of Rs. 2,32,187.00 from the date of award of the Collector to the date of payment u/S.28 of the L.A. Act (h) Cost of the proceeding fixed at Rs.2000.00 to be paid by the Collector to the claimants.