STATE Vs. NURJAHAN SAKIL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in LRA Case No. 25 of 1969 (V) on 11th Aug 1982 by Sri A. K. Chakraborty, 3rd Additional Special Judge, Alipore, allowing the application for reference and fixing the value of the acquired lands at Rs. 2500/- per cottah irrespective of the belts at the flat rate. The valuation of the structures has been fixed at Rs. 1,42,000/-.

(2.) The aforesaid reference case has arisen in respect of an application made under the West Bengal Land Development and Planning Act 1948 for regularisation of Sanwar Squatters Colony Project in Mouza Kalidaha, P. S. Dum Dum for settlement of immigrants. The Notification under S.4 of the said Act was published on 1st Aug. 1957 and the declaration in respect of the said lands was published on 14-2-62 and the award was made by the Collector, 24 Parganas in Case No. L. A. (Rehab) 8 of 1956-57 on 3-12-62 and the possession of the land was taken on 31-12-62. In the award made by the Collector valuation of the land was determined on belting method. The bastu land of the 1st belt was valued at Rs. 600/- per cottah. The tank land was valued at Rs. 300/- per cottah and the drain land was valued at Rs. 150/- per cottah. The bastu land of the second belt was valued at Rs. 400/-. The tank land was valued at Rs. 200/- per cottah and the drain land was valued at Rs. 100/- per cottah whereas in the 3rd belt the bastu land was valued at Rs. 200/- per cottah, the tank land was valued at Rs. 100/- per cottah and the drain land was valued at Rs. 50/- per cottah. Thus the total valuation of the lands without the trees and the building was determined at Rs. 1,44,446.11p. and for the trees an amount of Rs. 3105/- was determined as compensation and for the structures Rs. 45,402/- was determined as the value. Thus the total value of the lands and the structures including trees had been determined at Rs. 1,92,947.11p by the Collector in his award. Against the said award an application for reference under S.18 of the Land Acquisition Act was made before the Collector as valuation of the land and the buildings as made by the Collector at the 1946 rate was totally inadequate and meagre. The said application for reference was registered as L. A. Case No. 25/1968 (V) of the Court of the Special L. A. Judge. 24 Parganas. On 4th July 1970 the Special L.A. Judge accepted the reference in part and modified the award of compensation as made by the Collector by determining the value of the said land of the 3 belts at Rs. 1000/-, Rs. 666/- and Rs. 333/- per cottah respectively. The value of the tank in 1st, 2nd and 3rd belts was determined at Rs. 500/-, Rs. 333/- and Rs. 166/- per cottah respectively. The value of the structures was fixed at Rs. 49,942/-. Thus the valuation was made on the basis of 1946 price. An appeal was taken against the said judgment before this Court in F. A. 251 of 1971 and this Hon'ble Court by Judgment dt. 24-3-82 sent the matter back on remand to the Land Acquisition Judge for fixing the valuation of the lands and structures afresh as prevailing on 1-8-57 i.e. the date of the publication of the Notification under S.4 of the Land Development and Planning Act 1948. After remand the case was heard and decided by the 3rd Special L. A. Judge, Alipore, who allowed the said application for reference and found inter alia as follows : -

(3.) It has been further held that the claimant has claimed Rs. 3500/- at the flat rate for all the acquired lands including tanks, and compensation claimed at that rate be allowed. The valuation of the building has been fixed at Rs. 1,42,000/-after deducting from Rs. 2,36,727/-Rs. 94,727/- on account of depreciation. This sum is more than 40% of the valuation of the structures. The learned Special L. A. Judge has also directed the payment, to the claimant of statutory allowance to the market value of acquired land @ 15% and further payment of interest at the rate of 6% from the date of taking possession till payment on the enhanced compensation amount including S. A. The award of the Collector was modified accordingly.