NIKHILESH GANGULI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises out of a judgment and award passed by Sri D.N. Sen, 1st Additional Special L.A. Judge, Alipore, 24-Parganas, dated 4th July, 1985. The fact of the matter is not in dispute.

(2.) The lands in question were acquired in terms of the West Bengal (Requisition and Acquisition) Act, 1948. The said lands were measuring 61 Cottahs and nature of the lands were Sali, Bagan and Tank and the same were situated at Mouza Baishnabghata, J. L. No. 28, P.S. Jadavpur, District 24- Parganas. The requisition was made on 31.5.66 and possession was taken of a major portion of the said lands on that date and possession of the rest of the land was taken on 28.5.76. A notification under Sec. 4 of the said Act was published in the Calcutta Gazette on 6.12.77 and Award made by the Collector on 11.6.80, wherein market value of the lands requisitioned together with 15% solatium and interest at the rate of 6% per annum for two years five months from 6.12.77 to 5.5.80 was granted. Recurring compensation at the rate of 6% per annum from 31.5.66 to 20.9.68 and 20.8.71 to 5.12.77 was also granted. It is stated that the order of stay was obtained from this court by some of effected parties. On a reference made by the petitioner, the impugned judgment and award has been passed, whereby and whereunder the learned Land Acquisition Judge awarded the market value of the entire lands at a higher rate. The learned Judge also granted interest at the rate of 9% per annum from 6.12.77 for the purpose of acquisition, till realisation of the said amount. The retail compensation for the period of requisition was determined at the rate of 9% per annum from the date of possession till 5.12.77 of the enhanced market value and to the aforementioned extent, the Award of the Land Acquisition Collector was modified.

(3.) Mr. Baksi, learned counsel appearing on behalf of the appellant, has raised four contentions in support of this appeal. The learned Counsel submits that the learned Judge omitted to award compensation at market value and interest thereupon according to law. The learned counsel further submits that interest ought to have been paid at the rate of 9% per annum for one year i.e. from 6.12.77, the date of acquisition till 5.12.78 and interest at the rate of 15% per annum from 6.12.78 upto the date of payment of excess amount of the compensation over the Collector's Award. He further submits that the compensation for requisitioning period at the rate of 9% per annum for the entire period from the date of possession till 5.12.77 also ought to have been granted. He has further submitted that the appellants are entitled to interest on such rental compensation according to law from the date of possession upto the date of payment and in support of his aforementioned contention reliance has been made to Abhay Singh Surana and Ors. Vs. Secretary, Ministry of Communication and others reported in AIR 1987 Supreme Court 2177.