RABINDRA NATH COONDOO Vs. LAND ACQUISITION COLLECTOR HOOGHLY

JUDGEMENT

(1.) The present appeal arises out of the judgement and order dtd. 30/5/2003, as passed in L.A. Misc. Case No.40 of 1995 by the Learned Additional District and Sessions Judge-cum-Judge, Fast Track Court, Hooghly, in a reference case under Sec. 18 of the Land Acquisition Act, 1894, (hereinafter referred to as the 'said Act'). By the impugned judgement, the said Court while allowing the said reference, reassessed the quantum of loss of the land looser to the extent of Rs.5000.00 per cottah for "Bhiti" land and Rs.6000.00 per cottah for "Bagan" land and at the same time awarded interest at the rate of 9% p.a. on the excess amount as assessed by the said Court together with further interest at the rate of 12% p.a. on the excess market value with a further sum of 30% as solatium. The land looser felt aggrieved with the assessment and, thus, preferred the instant appeal.

(2.) In the reference case before the said Court it is the case of the appellant herein that for the purpose of construction of sub-station of West Bengal State Electricity Board in Uttar Chandannagar, two plots of the present appellant were acquired by the State and since the awarded amount was low and inadequate, the present appellant accepted the said award on protest and, thus, required the matter to be referred by the Collector for the determination of the Court under Sec. 18 of the said Act.

(3.) Before the said Court the L.A. Collector however took stand that the award is very much justified and adequate.