MANIK LAL MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision is directed against the order No. 120 dated August 21, 1993 passed by the learned Judge, L.A. Tribunal Darjeeling in Misc. L.A. Case No. 19/71 rejecting the prayer of the Petitioners made under Sec. 152 of the Code of Civil Procedure. The important question which forms the basis of this revision at the instance of the owners is whether the benefit under Sec. 23(1 -A) and Sec. 28 of the Land Acquisition (Amendment) Act, 1984 is available to them.

(2.) The Petitioners were owners of 1.59 acres of land on old Military Road, (Pankhabari Road), Kurseong within the District Darjeeling. The aforementioned land was the subject matter of the land acquisition by the State of West Bengal for the construction of the staff quarters of the All India Radio Station, Kurseong. The notification under Sec. 4 of the Land Acquisition Act, 1894 was published in the official gazette on September 25, 1969 and the declaration under Sec. 6 of the said Act was made on October 1, 1970. At the first instance, the Land Acquisition Collector had valued the land at Rs. 33,113.79 paise and passed an award for the aforesaid amount as compensation for the land and the building. The Official Trustee received the said amount without prejudice to the rights of the parties. At the relevant time it was the official trustee who was in possession of the land which was under land acquisition proceeding. Following receipt of the compensation amount, the receiver submitted an application to the Collector requiring him to refer the matter to the Civil Court for determination of the compensation amount and he claimed the compensation at Rs. 1,78,000. The reference was dismissed for default of the Petitioners and therefore they moved this Court against order of dismissal which was reversed on November 28, 1980 in Civil Rule No. 789 of 1981 and on a revision, this Court had set -aside the order and, accordingly, the reference was restored to the file. After restoration of the case, the learned Additional District Judge -cum -the Land Acquisition Tribunal, Darjeeling by his judgment and award dated September 18, 1982 in Land Acquisition Case 9/5 of 1970 -71 Misc. Judicial Case No. 18/71 was pleased to award compensation to the Petitioners for Rs. 1,78,000. As per Sec. 23 of the Land Acquisition Act, 1894, as it stood then, the owner was entitled to solatium payable under Sec. 23(2) of the Land Acquisition Act, 1894. It is significant to note that the award was totally silent about the solatium payable under Sec. 23(2). The Petitioner No. 1 filed an application for execution in the Court of Learned Additional District Judge, Darjeeling being Land Acquisition (Ex) Case No. 2 of 1983 on September 16, 1983. During the pendency of the execution case the Land Acquisition (Amendment) Act, 1984 came into force under Sec. 23 of the amending act, new Sub -section (1 -A) was introduced whereby the enhancing solatium from 15% to 30%.

(3.) Under Sec. 28 of the Land Acquisition Act, 1894 the Collector shall pay interest on such excess rate at the rate of six per centum per annum from the date on which he took possession of the land to the date of payment of such excess into Government. The said provision has undergone an amendment and the amending provision reads as follows: