METRO RAILWAY Vs. ARIJIT MALLIK & ANR

JUDGEMENT

(1.) This First Appeal is directed against a judgment and decree dated September 28, 2001 passed by learned Additional Special Land Acquisition Judge, 4th Court at Alipore in LA Case No. 59 of 1992 at the instance of the requiring body-appellant.

(2.) Admittedly, the requiring body was not impleaded as party in the said land acquisition reference case. No notice was also served upon the requiring body in connection with the said proceeding. As such the requiring body could not know about the said proceeding which was ultimately decided in the absence of the requiring body. The valuation which was assessed by the Land Acquisition Collector was substantially enhanced by the learned Land Acquisition Judge.

(3.) The enhancement was more than 3 times of the valuation which was assessed by the Land Acquisition collector. The Land Acquisition Collector while publishing award fixed the valuation of the said land at Rs.36,7,23 per cottah. However, the Land Acquisition Judge fixed the valuation of the acquired land at Rs.1,50,000/- per cottah.