PROVINCE OF WEST BENGAL Vs. BASANT PROPERTIES LTD

JUDGEMENT

(1.) This is a compensation appeal, arising out of the requisition of a house under Rule 75A of the Defence of India Rules. There was the usual reference to arbitration under Section 19 of the Defence of India Act as the Collector's offer of Rs. 500/- p.m. as the monthly compensation was not accepted by the claimant Basant Properties Ltd., who claimed Rs. 1500/- p.m. and as, in the circumstances, no agreement could be reached under Section 19(1) (a) of the Act. The learned Arbitrator fixed the monthly compensation at the increased figure of Rs. 800/-p.m. and the Government, being dissatisfied, has filed the present Appeal. The claimant also has filed a cross objection for a higher monthly compensation.

(2.) The requisitioned premises (No. 3/1 formerly No. 5 Raja Santosh Road, Alipore) comprised about 4B and 3K of land and a new two-storeyed building. The floor space was about 4200 sq. ft excluding bath rooms and narrow verandahs. The house is a decent and luxurious house, wellbuilt and situated in a good locality, and it was practically a finished house at the time of requisition.

(3.) The requisition was made in April 1944 and possession was taken in or about September that year. According to the Government Surveyor (O. P. W, 1) the price of land of the requisitioned premises was between Rs. 1700/-to Rs. 1800/- per cottah at the time of requisition. He also estimated the cost of the structure at about a lakh of rupees. The claimant's figure for the building was Rs. 2,68,000/. The land was purchased by the claimant, sometime in 1941, for the total price of Rs. 1,28000/-, roughly representing Rs. 1500/- per kattah and it was elicited in the cross examination of the Government witness (O. P. W. 1) that, between 1941 and 1944, the price of land had risen by about 20 to 25 per cent.