AMALGAMATED DEVELOPMENT LIMITED Vs. STATE OF WEAT BENGAL

JUDGEMENT

(1.) This first appeal is at the instance of a referring claimant and is directed against an Award dated 17th March, 1994 passed by the Additional Special L. A. Judge, 3rd Court, Alipore in L.D.P. Case No. 159 of 1967(V) thereby allowing the said reference case in part and enhancing the valuation of the acquired land to Rs. 825/- per cottach. By the said judgment the learned L. A. Judge further directed payment of interest at the rate of 6 per cent on the excess amount from the date of taking possession of the acquired land till the deposit of the same in Court. The referring claimant was also given solatium at the rate of 15 per cent for compulsory acquisition of land in addition to the market value of the acquired land at the rate of 2 per cent per annum of such market value for the period commencing on and from the date of publication of notification, namely, 30th January, 1958 or the date of taking of possession of the land, whichever is earlier.

(2.) The matter has a chequered career.

(3.) For resettlement of the refugees from the East Bengal, the Government of West Bengal acquired the plots in question under the provision of West Bengal Land Development and Planning Act, 1948 and the possession of those lands was taken on 9th September, 1961, but before that, the Gazette Notification dated 30th January, 1958 was published. The Collector treated some of the acquired lands as Danga land and the balance as Doba and valued the Danga land at the rate of 344/- per cottah and the Doba land at the half of the rate fixed for the Danga land and accordingly, passed an award.