HARSOOKDAS BALKISENDAS Vs. FIRST LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This is an appeal from a judgment and order of Banerjee, J., dated September 18, 1963, whereby a rule nisi obtained by the appellant was discharged.

(2.) The appellant is a partnership firm and is the sole owner of premises No. 2, Gariahat Road, now known as No. 2 Raja Subodh Mallick Road. According to the appellant, the area of the said premises originally was 23 bighas 9 katahs and 10 chhataks and 43 sq.ft. of land had been acquired by the Government of West Bengal for the State Transport Corporation. On February 8, 1960, a special Notice under Section 9 of the Land Acquisition Act, 1894, was issued by the respondent No. 1 for acquiring 7 bighas 4 kathas 9 chhataks and 10 sq.ft. out of the said premises. It is alleged in the petition that the land proposed to be acquired under the said Notice comprised the entire frontage of the premises. This land was required for the Calcutta Improvement Trust Scheme No. LXXII (Over-Bridge at Gariahat Level Crossing). The appellant was asked to appear before the respondent No. 1 on February 25, 1960, and was also asked to state in writing the nature of its interest in the land, and other claims thereto. On February 25, 1960, the appellant submitted a petition before the respondent No. 1 in which it was alleged, inter alia, that the land proposed to be acquired covered the entire frontage of the premises, and if this acquisition was given effect to the remaining 16 bighas of land would be land-locked causing heavy severance and damage and would also injuriously affect the remainder of the land.

(3.) The appellant submitted a claim for Rs. 3,50,000/- for damages caused by severance and also other injuries to the remainder of the land.