STATE OF WEST BENGAL Vs. ARMAN ALI MONDAL

JUDGEMENT

(1.) BEING aggrieved by the awards dated 31st January, 1s67 in L. D. P. Case No. 240 and 241 of 1968 (V) of the learned Special Land Acquisition Judge Calcutta, 24-Parganas, the state of West Bengal preferred Appeal from Original Decree Nos. 234 and 235 of 1968. The State of West Bengal preferred Appeal from Original Decree nos. 501 and 502 of 1970 against the awards dated 24th July, 1967 passed by the learned Special Land Acquisition Judge, alipore in L. D P. Case No. 129 and 148 of 1966. I

(2.) IN all the four cases the lands in question were acquired under the provisions of the West Bengal Land Development and Planning Act, 1943 for the purpose of settlement of immigrants who had migrated to West Bengal on account of reasons beyond their control. Ira these cases, both the Collector and the learned Land Acquisition Judge in terras of section 8 provision (b) of the West Bengal Land Development and Planning act, 1948 had determined compensation according to their market value on 31st december, 1946 a|nd not according to the! market value of the acquired lands on. the date of the notification under section 4 of the said) Act. In none of the four cases the court below awarded statutory allowance in terms of sub-section (2) of section 23 of the Land Acquisition Act because section 8 of the West bengal Land Development and Planning Act, 1948 made applicable only subsection (1) of section 23 of the Land Acquisition Act in determining the compensation for the lands acquired under the West Bengal Land Development and planning Act, 1948.

(3.) ON March 15, 1982, F. A. Nos. 501 and 502 of 1970 and the Cross- objections filed by the respondents in these two appeals came up for hearing. The Cross Objectors, relying upon the decision of this court in the case of Monoranjan Routh v. State of West Bengal 76 CWN 971, Lax-minarayan Dutta vs. State of west Bengal AIR 1975 Cal. 325 and State of West bengal vs. Land Development Bureau 1979 (2) CLJ 169, had contended] that proviso (b) to sub-section (1) of section 8 and sub-section (2) of section 8 of (the West bengal Land Development and Planning Act were discriminatory arid, therefore, ultra vires Article 14 of the Constitution. Therefore, the said provisions were invalid in as far as they laid down that compensation for land acquired for the purposes of re-settlement of immigrants shall be payable according to the market value of the lands on 31st December, 1946 and not on the date of the Notification under section 4 of the Act but also denied statutory allowance under section 23 (2) of the Land Acquisition Act upon the market value of lands Enquired under the West Bengal Land Development and Planning Act, 1943.