STATE OF WEST BENGAL Vs. ASITENDRA NATH MITTER

JUDGEMENT

(1.) These two appeals, preferred by the State of West Bengal, are directed against a decision of the Tribunal constituted under Section 72 of the Calcutta Improvement Act, 1911, disposing of two references arising out of the acquisition of premises No. 36-B, Barrackpore Trunk Road under the Calcutta Improvement Trust Bustee Rehousing Scheme No. 1. The scheme was published under Section 43 (2) of the said Act on December 27, 1956 which is the material date for determination of the market value of the acquired land. Premises No. 36-B had been partitioned before acquisition and the demarcated portions relevant for the purpose of these two appeals are described as lot A and lots B and D. The two references before the tribunal, registered as cases Nos. 14 and 14-A of 1959 relate respectively to lot A and lots B and D. The claimants are, in respect of lot A, Asitendra Nath Mitter, and in respect of lots B and D, Asitendra Nath Mitter, F. A. 104 of 1960 arises out of case No. 14 and F. A. 105 of 1960 from Case No. 14-A. The area of lot A is 1 bigha 13 chittaks and 20 Sq. ft. and the total area covered by lots B and D measures 3 bighas 9 cottahs 9 chittaks and 33 Sq. ft. The location and the configurations of lot A and lots B and D appear from the two plans prepared by the two experts examined on behalf of the claimants and the State respectively. The plan prepared by Mr. H. C. Sarkar, witness No. 3 for the claimants, is exhibit 2, and the plan prepared by Mr. Bhabatosh Roy, witness No. 3 for the Government, is Exhibit A. It appears that premises No. 36-B abuts on Barrackpore Trunk Road which runs along the east of the premises. A little distance to the north of the premises, Barrackpore Trunk Road meets Kalicharan Ghose Road which is the northern limit of the Calcutta Corporation area. A twenty ft. wide common passage runs east to west between lot A and lots B and D demarcating the two portions. There are two tanks within lots B and D which cover a part of the common passage. A small portion of lot A is also covered by one of these tanks.

(2.) By his award dated March 31, 1958, the Acquisition Collector awarded Rs. 67,522.50 paise as compensation for the land of lot A at the rate of Rs. 3.240/- per cottah. The Collector also awarded Rs. 286/-for the structures and Rs. 40/- for the trees. The total amount of compensation came to Rs. 67,848,50 paise. The land of lots B and D was valued by the Collector at Rupees 1,22,510.67 n.p. at the rate of Rs. 1,760/-per cottah. To this was added Rs. 288/- for the structures and Rs. 40/- for the trees. The total amount of compensation for lots B and D came to Rs. 1,22,838.67 n.p. The Collector did not award the solatium of 15 per cent payable under Section 23 (2) of the Land Acquisition Act, presumably in view of paragraph 9 (1) of the schedule to the Calcutta Improvement Act. From the award of the Collector the owners of both lot A and lots B and D applied for references under Section 18 of the Land Acquisition Act. Before the Tribunal the only point urged on behalf of the claimants was that the valuation of the acquired lands made by the Collector was unduly low. It appears from the Collector's award that the value of the acquired lands had been determined on the basis of sales and awards in respect of similar lands in the locality but the particulars of such sales and awards have not been mentioned.

(3.) Before the tribunal the claimants depended upon two transactions to prove that the Collector's valuation was too low; (1) the conveyance (Ext. 1) dated the 2nd November, 1957, relating to 22-B, Lock Gate Road and (2) the award (Ext. 4) relating to 26-A, Dum Dum Road. On behalf of the Stale reliance was placed upon (1) the award (Ext. c) relating to 35/2, Barrackpore Trunk Road; the acquisition in this case was made under the same Bustee Rehousing Scheme under which the premises in question in these two appeals have been acquired, (2) the conveyance (Ext. D) dated the 27th November, 1957 relating to 35/1, Barrack-pore Trunk Road, and (3) the award (Ext. B) relating to premises No. 58/7/1, Barrackpore Trunk Road. The land covered by the award, Ext. B, is contiguous to premises No. 26-A Dum Dum Road and is really a portion of the block of land part of which is numbered as 26-A Dum Dum Road. The tribunal on a consideration of the evidence assessed the market value of the land of lot A at Rs. 80,224/-, and of lots B and D at Rs. 1,28,945/-, thus enhancing the amount of compensation in both cases.