RAM CHANDRA SARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of the referring claimant Sm. Saraswati Devi, since deceased, and it is directed against the award of the Calcutta Improvement Tribunal affirming the award of the Land Acquisition Collector and rejecting the reference case.

(2.) The premises No. 20, Ultadanga Main Road belonged to the said Sm. Saraswati Devi. On January 13, 1955, a notification under Section 43 (2) of the Calcutta Improvement Act, 1911 (hereinafter referred to as the Act), was published by the Board of Trustees for the improvement of Calcutta for the Street Scheme known as Scheme No. VIII-M (widening of Ultadanga Main Road between the Scheme No. V-M and Scheme No. VII-M). The owner Sm. Saraswati Devi filed objection to the proposed acquisition of the said premises. On October 20, 1955, the Act was amended by the Calcutta Improvement (Amendment) Act, 1955 and a new paragraph 1-A which modified the Land Acquisition Act, 1894, was inserted after paragraph 1 of the schedule to the Act. The new paragraph 1-A is as follows: --

(3.) The Collector valued the land of the disputed premises having an area of 9 bighas 14 cottahs 14 chhataks at Rs. 4,56,981.87 at the rate of Rs. 2,345/-per cottah on average, the structures at Rs. 2,58,000/- and the trees at Rs. 80/-. He awarded a total compensation of Rs. 7,15,061.87. The said Sm. Saraswati Devi had the matter referred to the Calcutta Improvement Tribunal on a petition of reference. Before the Tribunal, she claimed the value of the land at the rate of Rs. 3,200/- per cottah on the average and that of the structures at Rs. 3,00,000/-. She also claimed statutory allowance of 15% as allowed under Section 23 (2) of the Land Acquisition Act. The claim for the higher valuation of the structures was not pressed before the Tribunal at the hearing.