KALPANA MONDAL Vs. METRO RAILWAY, KOLKATA

JUDGEMENT

(1.) This writ petition is filed by the petitioner under Article 226 of the Constitution of India for directing and commanding the respondents to abide by the order of release dtd. 27/11/2002 and for quashing the judgment and order dtd. 29/11/2006 of the Competent Authority, Metro Railway, Kolkata passed in Acquisition Claim Case No. 473 of 2005 and judgment and order dtd. 23/10/2007 of the Appellate Authority in Acquisition Claim Appeal No. 2 of 2007 and also for grant of award of Rs.24,25,808.00 towards compensation for acquisition of house property of the petitioner.

(2.) The case made out by the petitioner is as follows:

(3.) The respondents-Metro Railway Authority filed their affidavit-in- opposition contending that the learned Competent Authority as well as the learned Appellate Authority has rightly applied the market value to assess the compensation. The award in respect of other plots within the same mouza and situated within or about 30 meters of the petitioner's plot was passed considering the market value of land @ Rs.1,50,000.00 per cottah as provided by District Sub-Registrar Officer, 24-Parganas (South) and possession of most of the land has been taken over by Metro Railway. Both the learned Competent Authority as well as learned Appellant Authority have followed the provisions of Sec. 13.4(a) of Metro Railway's (Construction of Works) Amendment Act, 1987 (hereinafter referred to as 'Act of 1987'), while determining the market value. Further as per Sec. 16A(5) of the Act of 1987, the determination of compensation by the Appellate Authority is final. The respondent authorities have already incurred expenditure for such project to the tune of Rs.430.00 crores and any delay in getting the physical possession of the land will increase the cost of the project as well as defer the targeted date of commissioning of the project affecting the public interest at large. The present writ petition is vexatious and harassing and should be dismissed.