HARIHAR PAL Vs. SUDHIR KUMAR PAL

JUDGEMENT

(1.) This is an appeal from a decision dt. 11-9-1982 of Shri A.K. Dutt, the learned President of the Calcutta Improvement Tribunal in the Reference Case No. 3 of 1979(A) and it arises out of a dispute with regard to the apportionment of the compensation money which has been awarded by reason of the acquisition of the land with structures and trees thereon in question under the Calcutta Improvement Act.

(2.) It appears that 14 chittacks 20 sq. ft. of land out of the plot No. 731 of mouza Kasba, in premises Nos. 55 and 56, K.N. Sen Road was acquired and the value of the land was assessed at Rs. 1,26,793,62 and the value of the structures and trees on the premises No. 56, K.N. Sen Road was assessed at Rs. 7309.00 and the value of the structures and trees on the premises Nos. 55 K.N. Sen Road was assessed at Rs. 5,875.00. The total value of the land with structures and trees thereon was thus assessed at Rs. 1,40,059.62. The amount of Rs. 3,718.00 as damage was added to the same under S.23 of the Land Acquisition Act. Thus the total compensation as awarded was Rs. 1,43,786.37 after deducting the capitalised value of the Government revenue at Rs. 8.75. The amount on account of the value of the land was jointly awarded in favour of the landlords of the land, the respective tenants with regard to the respective premises Nos. 55 K.N. Sen Road and 56 K.N. Sen Road and the Commissioner of Calcutta Corporation. The amount on account of the structures and trees on the respective premises Nos. 55 and 56 K.N. Sen Road was allotted to the respective tenants of those premises.

(3.) Being dissatisfied with the award as given by the learned Collector, the reference case in question was started before the learned President of the Calcutta Improvement Tribunal on the basis of the applications for reference filed by the respective tenants of the premises in question.