STATE OF WEST BENGAL Vs. MOHAMAD HANIF

JUDGEMENT

(1.) These are two applications under Article 133 (11 of the Constitution praying for Certificates for leave to appeal to the Supreme Court against the inclement and decree of a Division Bench of this Court dated 9th of November, 1970, passed in two appeals from Original Decree Nos. 296 and 377 of 1959. The said appeals were directed against an award given by the Arbitrator. 24-Parganas in a reference under Section 19 of the Defence of India Act, in respect of payment of terminal compensation. The premises No. 11, Canal South Road, also known as Pagladanga, was requisitioned including the land and structure under the Defence of India Rules. The said property was derequisitioned on 13th of August. 1946. The owner claimed terminal compensation to the tune of Rupees 609424/-. The Lands Hiring and Disposal Department of the Government assessed the compensation at Rs. 154515.50. The owner did not accept the department's assessment, as a result, the matter was referred to the Arbitrator. The reference was originally heard by Sri J. C. Mazumdar, who made an award on 18-8-1951. Against that award both the owner and the Government appealed to this Court. This Court allowed those appeals and the case was remitted back to the Arbitrator for rehearing with certain directions. The case was reheard by the new Arbitrator who passed an award for Rs. 154515,50. From that award, the claimant preferred appeal from Original Decree No. 296 of 1959, the Government also challenged the said award in other appeals -- appeal from original decree No. 377 of 1959, seeking to reduce the award to Rs. 53350,00.

(2.) The Division Bench of this Court allowed the claimant's appeal No. 296 of 1959 in part, enhanced the award of compensation to Rs. 2,80,759/-and dismissed the Government's appeal No. 377 of 1959.

(3.) The petitioner, the State of West Bengal being aggrieved against the said judgment and decree of the Division Bench, intends to prefer two appeals to the Supreme Court and prays for Certificate of fitness for leave to appeal under Article 133 (1) of the Constitution.