MD ASLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have gone through the draft judgment prepared by my learned Brother. I agree with His Lordship's findings and ordering portion. However, I feel it expedient to express my own assessment of the matter. On hearing the learned Counsels for the parties the factual aspect has been dealt with by my learned Brother exhaustively but with reasonable degree of brevity.

(2.) The learned Counsel Mr. Soumen Dasgupta while attacking the judgement and decree passed by the learned Land Acquisition Judge submits that the learned Judge has exceeded his jurisdiction as he relegated himself to the position of the surveyor and valuer without having any foundation or basis on the one hand and on the other hand almost ignoring the valuation made by the third party expert valuer. He has fallen in error in taking note of the evidence adduced on behalf of the Collector which has got no value as being hearsay evidence. Having regard to the location facility and amenities available on the date of notification, of the acquired land the valuation would have been at least Rs. 20 lakh per cottah. However, his client, he candidly admits the claim of this valuation could not be proved with legally acceptable evidence. His witness, expert valuer, has valued on scientific method and had also followed recognized and judicially accepted method. He has considered comparable instances as far as practicable, and came to conclusion that market value of the acquired property would be Rs. 5,55,000/- per cottah and there is no counter-evidence to buttress this. Under such circumstances the learned Judge would not have assessed and valued by himself. He has no material to reject the method of calculation made by his expert witness.

(3.) The learned Counsel for the State on the other hand submits that the learned Judge has painstakingly taken note of evidence of both the sides. It is for the learned Judge to accept any of the evidences as he thinks fit. He has given reasons in support of the calculation and the market price of the acquired land what he has found. The witness on behalf of the Collector has testified and produced the rate report, which was prepared by the surveyor and valuer of the Collectorate. While preparing the rate report the valuation made by the High Court in that area has been taken into consideration.