(1.) This appeal preferred by the claimant appellant is directed against the judgment and decree dated 19th February, 1998 passed by the learned Judge. L.A. Court (3rd Court), Barasat, Dist 24-Parganas (North). The appellant has preferred the instant appeal being dissatisfied with the valuation of the acquired land assessed by the learned Judge over his application for reference made by him being dissatisfied with the award made by the Collector. 24-Parganas (North) dated 31.8.1992 and also against amount of solatium fixed by the learned Judge.
(2.) The facts of the case giving rise to the instant appeal is that, the L.A. Collector, 24-Parganas (North) in Case No. L.A. 11/100 of 1987-88 acquired lands of the claimant totalling 2.85 acres in R.S. Plot Nos. 3321E, 3340E, 3341E, 3342E, 3343E, 3344E, 3348P and 3351P in JL No. 9 of Mouza Sukhchar within P.S. Kharda for the purpose of Subhas Nagar Squatters colony. The Land Acquisition Collector took possession of the said land on 20.9.1988. A notification bearing No. 2451-L.A.-II under section 4 of the Land Acquisition Act was published in the Calcutta Gazette on April 12, 1989 acquiring the said lands of the appellant. The Collector passed an award of Rs. 7,30,535.07p. which includes total value of lands Rs. 4,07,676.36p. amount of solatium @30% Rs. 1,22,302.90p. interest @9% on land value plus solatium for the period from 12.4.1989 to 11.4.1990 Rs. 47,698.13p. interest at the rate of land value plus solatium for the period from 12.4.1990 to 11.4.1992 Rs. 1,39,119.55p. and recurring compensation @6% on land value for the period from 19.9.1988 to 11.4.1989 Rs. 13,738.30p. The claimant being dissatisfied with the award made by the Collector made the reference under section 18 of the Land Acquisition Act. The Land Acquisition Collector, 24-Parganas (North) referred the said reference application before the learned L.A. Judge. 24-Parganas (North) at Barasat. The Claimant accepted the amount of Rs. 7,30,535.07p. awarded by the L.A. Collector under protest.
(3.) The reference under section 18 of the L.A. Act was made by the claimant appellant alleging that the acquired lands were not properly valued by the L.A. Collector and the L.A. Collector did not consider the market value of the lands which were much higher than what was determined at Rs. 1,69,512/- per acre i.e. Rs. 2,801.85p. per cottah for danga, bagan and bastu lands and Rs. 42,378/- per acre i.e. Rs. 700.46p. per cottah for doba. The claimant claimed higher market value for the acquired land and contended that land value should have been Rs. 30,000/- per cottah.