STATE OF WEST BENGAL Vs. T N GUPTA

JUDGEMENT

(1.) This is a valuation appeal arising out of a reference under Section 18 of the Land Acquisition Act. The State is the appellant before us and claimant No. 2 T. N. Gupta, who was the tenant of the acquired premises, is the contesting respondent. This claimant was the proprietor of the Standard Machinery Co. and he had his factory in the acquired premises. For the purpose of his factory, the claimant had built certain structures and installed machineries and the disouted claim in this appeal relates exclusively to the award made by the Tribunal in respect of some of these structures and machineries.

(2.) The premises acquired bore Municipal Nos. 200 and 201, Manicktola. Main Road. The acquisition was made in connection with Improvement Scheme No. VI-M of the Calcutta Improvement Trust. As far back as November 18, 1926, the Government had sanctioned the plan of a proposed public street, known as Manicktola Alignment No. III. That proposed street was to pass through premises No. 200, then known as premises No. 113. Within the Alignment portion also claimant had built certain structures with the permission of the Chairman, Calcutta Improvement Trust, by executing two agreements under Section 63 (9) of the Calcutta Improvement Act. These agreements are not very material for our present purpose but a later agreement, dated April 12, 1948, will require careful consideration as it has great apparent bearing on the question of compensation for the structures within the Alignment portion.

(3.) The above Alignment (No. III) was converted into a Scheme (No. VI-M) under Government sanction, dated March 11, 1946, to which the present acquisition relates. The notification under Section 4 of the Land Acquisition Act was published in the Calcutta Gazette on August 1, 1946, and the Section 6 declaration followed on June 12, 1947. Respondent Gupta filed his compensation claim for structures and fixtures including machineries at the figure of Rs. 5,40,000/- and he also claimed separate compensation of Rs. 1,50,000/- for loss of earnings and damage to business and cost of removal and a further sum of Rs. 4,000/- as cost of filling up certain tanks in the acquired premises. Twice the machineries were inspected by the Trust expert Mr. B. C. Ghose and the two lists made by him on the two occasions are Exts. 25 and 2 or M(i) in: the case.