HEMANTA KUMAR MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arises out of a reference under Section 18 of the Land Acquisition Act in which the learned Land Acquisition judge dismissed the appellants' objection against an award made by the l. A. Collector, Chinsurah.

(2.) THE appellants are Hematite kumar Mullick, Radhika Nath Mallick and Madan Mohan Mullick. They were the objectors before the learned L. A. Collector. 13 plots of land of different varieties, namely, sali, suna, tank, doba began and pan boroj were acquired. In most of the plots, the appellants had 16 annas interest and in one of the plots the appellants had 8 annas interest. There are also structures on some of the plots. From 16, i. e. the reference by the learned L. A. Collector under Section, 18, shows that only 10 plots were acquired but form 13a, i. e. copy of the award, shows that 13 plots of land have been acquired and the Collector has assessed value in respect of all the 13 plots.

(3.) MR. Hemanta Kumar Mitra appearing on behalf of the appellants very strongly contended that three of the acquired plots were not considered by the. L. A. Collector and no assessment was made in respect of those plots. At the first instance we1 thought that mr. Mitra was correct but such an objection was never taken before the learned L. A. Judge. On going through the original records, we are satisfied that though in Form 10 only 10 plots have been mentioned, the award shows that actually 13 plots have been acquired by the learned L. A. Collector and all these 13 plots were assessed by the L. A. Collector and compensation was awarded in respect of all the 13 plots. This being the position there is no substance in the contention raised by Mr. Mitra that three plots were left out of consideration by the learned l. A. Collector. Again it may be noted that the description and area of the plots as mentioned in the reference form is not correct, and ongoing through the award and the record of rights we find the correct position is as follows : The appellants had 16 annas interest in the following plots of which are given below : - <FRM>JUDGEMENT_72_TLCAL0_1974Html1.htm</FRM>