BALAI LAL PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by the claimant under Section 11 of Act of 1952, (Central) against an Award made by the Arbitrator appointed under Section 8(1)(b) of the said Act read with Section 24 thereof and Section 6 of the Requisitioned Land (Continuance of Powers) Act of 1947.

(2.) Certain Nal lands and an orchard were requisitioned under Section 75A of the Defence of India Rules in November, 1949 for purposes of the Central Government. The requisition continued under Act 17 of 1947 (Central) and the lands concerned were acquired under that Act in March 1949. The same acquisition is deemed to have been made in accordance with the provisions of Act XXX of 1952 and it is the question of compensation for the acquired land that was involved in the proceeding before the Arbitrator and it is the compensation awarded by him that is challenged by the claimant as being too low and arbitrary.

(3.) The competent authority, that is, the Collector awarded compensation for the Nal, that is arable land at the rate of Rs.200/- per acre, the Bagan land, that is the orchard, at the same rate plus the value of the trees standing thereon as timber. A small plot of Viti land was assessed at Rs. 400/- per acre. The claimant did not agreed to accept compensation at the amount offered by the Collector and as a result the matter of assessment of compensation was referred to the Arbitrator. Before the Arbitrator the claimant filed his statement claiming compensation, on the basis of annual yield of Rs. 800/- at the total figure of Rs. 16,000/- and twice that amount as at Rs. 32,000/- for the acquisition.