KHOKAN CHANDRA KARMAKAR Vs. STATE OF W B

JUDGEMENT

(1.) This appeal is at the instance of the heir of the deceased claimant and is directed against order dated 2nd December, 1994 passed by the Additional District Judge, Second Court, Dakshin Dinajpur at Balurghat in L A. Case No. 39 of 1992 thereby disposing of L A. Case No 39 of 1992 by enhancing the valuation of the Danga land from Rs. 15 000/- to Rs. 50,000/- per acre and that of Dala land from Rs. 7,500/- to Rs 10,0007- per acre. The learned L.A. Judge further directed that referring claimant should be entitled 30% of the assessed compensation under Section 23 of the Act-l of 1984 read with Section 7(2)(a) of the West Bengal Act-ll of 1948 to the extent of compensation which is in excess of the sum already received by him. It was further ordered that excess amount should carry interest at the rate of 9% per annum from the date of possession to the date of payment of the said excess amount and after the expiry of one year, such interest should be enhanced to 15% per annum in respect of the said excess amount till the date of final payment.

(2.) The facts giving rise to filing of the instant appeal are as follows - The lands described in Schedule A to the petition filed by the referring claimant before the Collector, West Dmajpur were acquired by Land Acquisition Collector, for the purpose of construction of Gangarampur-Hamjapur Road in 1976 The requisite notice was served upon the owner of the property and L A Case No 1 of 1973-74 was started and ultimately, the Collector passed award in favour of such owner. According to the Collector, at the relevant point of time, the value of the Danga land was Rs 15,000/- per acre and so far as the Dala class of land is concerned, the rate was assessed at the rate of Rs 7,500/- per acre i.e. half the value of Danga land.

(3.) Being dissatisfied, the owner of the land filed objection before the L A Collector claiming compensation at a higher rate and prayed for reference to the learned District Judge, West Dmajpur for determination of the appropriate compensation in his favour on the basis of the existing market price of the neighbouring lands at the relevant time and accordingly, a land acquisition case was initiated on reference made by Collector under Section 18 of the Land Acquisition Act