LAWS(CAL)-2023-8-141

STATE OF WEST BENGAL Vs. DILIP KUMAR JAISWAL

Decided On August 03, 2023
STATE OF WEST BENGAL Appellant
V/S
Dilip Kumar Jaiswal Respondents

JUDGEMENT

(1.) By a common judgement we propose to dispose of two appeals and a cross-objection filed by State of West Bengal, Dilip Kumar Jaiswal and Heavy Engineering Corporation Limited respectively impeaching the order of learned Special L.A. Judge, 6thCourt of Additional District Judge, Alipore in L.A. Case No. 13/2000 while adjudicating a reference under Sec. 18 of the L.A. Act, 1894.

(2.) Briefly stated, the first L.A. Collector, Kolkata acquired the homestead land with a structure at premises no. 77, Park Street, Kolkata measuring about 10 cottahs 5 chittacks 24 square feet with commercial establishments on the ground floor as per notification No. 8-L.A. (II) dtd. 6/11/1989 published in part I of the Calcutta Gazette vide no. 7550 L.A. (II) dtd. 21/7/1990. The purpose of acquisition of such property was to house the office of M/s Heavy Engineering Corporation Limited (Government of India Enterprise) and an award was made under Sec. 23 (1a) of the Land Acquisition Act, 1894. The learned Land Acquisition Collector assessed the value of land @ of Rs.1,41,629.00 per cottahs and the structure was valued at Rs.20,40,826.00, 30% on the market value of the land was awarded as solatium and additional compensation of 12% was awarded for the period commencing from 21/7/1990 when the declaration was made under Sec. 6 of the Land Acquisition Act, 1894, to 4/1/1991 immediately before the date of taking possession. The said award of L.A. Collector was challenged by Dilip Kumar Jaiswal and others, the land owners in a proceeding under Sec. 18 of the Land Acquisition Act, 1894.

(3.) Learned L.A. Judge considering the evidence adduced by the parties was pleased to allow the L.A. Case No. 13 of 2000 but in part. The market price of the acquired homestead land was assessed at Rs.3,04,137.00 per cottahs and value of the structure was assessed at Rs.71,38,377.60 as on the date of notification. In addition thereto learned L.A. Judge awarded solatium @ 30% on the value of the land and structure less the amount paid by L.A. Collector. Referring claimants are held to be entitled to compensation @ 12% per annum on the entire market value of the land and structure w.e.f. 6/11/1989 to 11/8/1998, less the amount paid by Land Acquisition Collector. That apart referring claimants have been awarded further compensation @ 9% for the first year on and from the date of award or possession and, thereafter, @ 15% per annum till the amount is paid in full.