UNION OF INDIA (UOI) Vs. SUDHANGSHU KUMAR MUKHERJEE

JUDGEMENT

(1.) These two appeals under Sec. 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 ("Act") were heard together as the questions involved in these two appeals are similar. In these two appeals, the Respondent -claimants have filed the two separate cross -objections against the awards passed by the learned Arbitrator.

(2.) It appears from record that competent authority, namely, Land Acquisition Collector, 24 -Paraganas (N), passed an award under the provision of the aforesaid Act thereby assessing the valuation of the solid land at the rate of Rs. 24,000/ - and odd per acre and the tank, at the half of that rate. The Respondents prayed for reference under Sec. 8 of the said Act on 2nd August, 1978 but the Arbitrator was appointed after a lapse of five years on 14th August, 1983.

(3.) The Arbitrator on consideration of the materials on record came to the conclusion that the solid land should be valued at the rate of Rs. 86,000/ - per Acre and the valuation of the tank should be assessed at the half of the aforesaid rate, i.e. Rs. 43,000/ - per acre. The Arbitrator also passed award for compensation for value of Nim, Mango, Sal and Bamboo trees at the rate of Rs. 200, Rs. 400, R. 300 and Rs. 6 each respectively. He, however, rejected the claim for the value of other trees as there was no evidence as to the price of those trees placed before him. The learned Arbitrator, in addition to the above, fixed value of the structure at Rs. 2000/ - . The learned Arbitrator further held that the entire amount of compensation so determined should carry interest @ 6 per cent per annum from the date of acquisition of land in question till the date of payment of the amount offered by the Land Acquisition Collector. The Arbitrator further held that amount of compensation so determined less the amount already paid should also carry interest at the selfsame rate from the date next following the date of such payment till date of final payment.