STATE OF WEST BENGAL Vs. SATYAWANTI DEVI FOMRA

JUDGEMENT

(1.) In pursuance of notification dated 23.04.1976 issued under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 the possession of premises No.83 and portion of premises No.84, Acharya Jagadish Chandra Bose Road belonging to the cross-objector referring claimant, Sri Munnalal Fomra and others was taken by the State of West Bengal for establishment of a sub-depot of Calcutta Transport Corporation. The total area covering the said notification is 3 bighas 16 cottahs 8 chattaks and 1.58 sq. ft. along with structure.

(2.) Subsequently, by notification published under Section 4(1A) of Act II/48 dated 07.04.1990, the requisitioned property was acquired. The Collector awarded the value of the acquired property @ Rs.72,416/- per cottah. The value of the acquired structure was assessed as Rs.1,72,800/-. The Collector paid rent for the requisitioned property so long the property was under requisition.

(3.) Being aggrieved by and dissatisfied with the said amount of award, the referring claimant filed a reference under Section 8 of the said Act. Learned 4th Additional Special L.A. Judge, Alipore allowed the reference case of the cross objector/referring claimant and thereby modified the order of L.A. Collector. Being aggrieved by and dissatisfied with the judgement and order of learned L.A. Judge, State of West Bengal preferred an appeal. At the same time, the referring claimant filed a cross objection. The Division Bench of this Court vide judgement and order dated 3rd March, 2000 dismissed the appeal as well as cross objection.