ASHUTISH LAW Vs. GENERAL MANAGER METRO RAILWAYS

JUDGEMENT

(1.) THE order dated October 4, 1991 passed by the respondent No. 3 in claim Case No. 16/2/9/87 determining the acquisition claim of the petitioners and the order dated January 6, 1993 passed by the respondent No. 4 in c. A. No. 16/91 are the subject-matters of challenge in this writ application.

(2.) THE petitioners were the owners of premises No. 24 Ganesh chandra Avenue, Calcutta. By a Notification dated May 17,1985 published in the official gazette the Government of India acquired the aforesaid premises No. 24 Ganesh Chandra Avenue, Calcutta (hereinafter referred to as the said premises) under the provisions of Section 7 of the Metro railways (Construction of Works) Act, 1978 for construction of Metro railways. Thereafter, a Notification dated June 12, 1986 was published under the provisions of Section 10 of the Metro Railways (Construction Works) Act, 1978 (hereinafter referred to as the said Act) for the purpose of acquisition of the said land.

(3.) THE petitioners filed an application under Article 226 of the constitution before this Court and pursuant to the order passed in the aforesaid writ application, the petitioners lodged a claim being Case no. 16/2/9/87 for awarding compensation of an amount of Rupees one crore twenty lakhs in favour of the petitioners for acquiring 430 square meters/6. 42506 cottahs of land lying and situated at the said premises. Respondent No. 3, being the competent authority, Metro Railways appointed under the Metro Railways (Construction of Works) Act, 1978 by a judgment dated October 4,1991 allowed the claim of the petitioner determining the compensation of the said land for Rs. 12,52,886/- and that of the structure lying and situated on the said land for Rs. 47,113. 50, i. e. in all a total amount of Rs. 13,00,000/ -.