RAMESH PROSAD AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This Is an application under Art, 133 (1) (a), (b) & (c) of the Constitution of India, and it arises out of an appeal that was disposed of by the judgment of a Division Bench of this Court composed of by my learned brother the Hon'ble Mr. Justice Amiya Kumar Mookerji sitting with the Hon'ble Mr. Justice P. N. Mookeriee. P. N. Mooker-3ee, J. has left this Court on superannuation. This application has been assigned to this Bench by my Lord the Hon'ble the Chief Justice by an order dated 19th April. 1972.

(2.) The application arises out of a proceeding for acquisition of land under the Defence of India Act. Property. sought to be acquired comprised land and structures thereon. The area of the land wtas 1 bigha 10 cottash and 14 Chs. The Collector's offer was at the rate of Rupees 500/- per cottah for the land and Rupees 30,394/- for the structures. The total offer made by the Collector came to Rs. 48093,02 paise. The claimant claimed at the rate of Rs. 1,500/- per cottah for the land and Rs. 60,274/- for the structures. The claimant also claimed statutory allowance of 15% under the law. The Arbitrator allowed a compensation of Rs. 61,661/- including 15% statutory allowance and interest at the rate of 5% per annum. Against the decision of the Abitrator the claimant appealed to this Court and by the judgment of the Division Bench mentioned above this Court enhanced the amount of compensation to Rs. 45,334/- for the land and Rs. 30,875/-for the structures. The total coming to Rs. 76,209 with the usual statutory allowance of Rs. 15 per cent. This Court also awarded to the claimant interest et the rate of 5% per annum. That was awarded by the learned Arbitrator but with a little variation as to the period.

(3.) Against that decision of this Court the present application has been made praying for a certificate of fitness under Article 133 (11 (a) (b) and (c) of the Constitution of India.