DULAL CHAND AUDDY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is by the claimant Sardarmull Kankaria against the valuation arrived at by the President Calcutta Improvement Tribunal in a Reference under Section 18 of the Land Acquisition Act 1894. The premises No. 19, Chatta-walla Gulee appertaining to the Calcutta Improvement Trust Scheme No. LXVI in award No. 40 of the Calcutta Municipality was acquired. Notice under Section 43 (2) of the Calcutta Improvement Act was published on 9th October, 1952. Declaration under Sec. 6 of the Land Acquisition Act was published on 4-8-1955. Notice under Section 9 (1) of the Land Acquisition Act was served on 26-6-1956. The claim petition was filed before the Land Acquisition Collector on 6-7-1956. The award was made on 19-8-1959 and the Reference petition under Section 18 of the Land Acquisition Act was filed on 24-8-1959 claiming an increase in the market value of the premises acquired and the statutory allowance of 15 per cent. with interest on the additional amount of compensation to be awarded.

(2.) Before the Tribunal the claimant prayed for solatium at the rate of 15 per cent. on the valuation made by the Collector but the Tribunal turned down the claim as untenable after amendment of the CalcuttaImprovement Act in 1955. Against that decision the present appeal has been preferred.

(3.) Mr. G. K. Deb appearing on behalf of the appellant has urged two points before us. It has been contended first that the amendment of the Calcutta Improvement Act in 1955 will not affect the claimant's right to solatium under Section 23 (2) of the Land Acquisition Act, 1894 as the right to receive solatium accrued before the said amendment. The second ground of challenge is that the amendment of the Calcutta Improvement Act barring solatium is ultra vires the Constitution. Mr. Nanigopal Das learned Advocate has appeared for the respondent.