STATE OF WEST BENGAL Vs. MOLLA AMANULLA

JUDGEMENT

(1.) In this appeal , an award dated 21st March, 1996 passed by the Court of Arbitrator [Judge Special Court (EC Act) Durgapur appointed under section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (1952 Act)] in L.A. Case No.1 DIA/71-72 is under challenge.

(2.) Mr., Chandra Sekhar the learned counsel for the appellants, points out that while arriving at the valuation of the land acquired, the Court had not given any reason on the basis whereof it had arrived at a valuation of Rs. 12,000/- (Rupees twelve thousand only) per acre. He had taken us through the decision and had pointed out to the lacunae in the judgment.

(3.) Mr. Lahiri, learned counsel for the respondents, points out from the judgment that the Court had discussed the commercial valuation or other utility of the land in detail, though it might not have discussed the valuation available on the basis of the exhibits on record. He then contends that the claimants are entitled to solatium and additional compensation as payable under section 23 of the Land Acquisition Act in view of the decision in F.M.A. 254-259 of 1994 with F.M.A 117 of 1994 (Union of India v. Sudhangshu Kumar Mukherjee & Ors., disposed of on 4th September 2001. In the said decision the land was also acquired under the said 1952 Act. Therefore, this Court should award the same relief as was granted in the said decision. Finding of the Reference Court: