JATINDRA NATH GHATAK Vs. SUPRATIK CHATTERJEE

JUDGEMENT

(1.) THESE two first appeals arise out of two Reference cases under Section 18 of the Land Acquisition Act, 1894 and those are directed against the common judgement dated 11th October, 1996 passed by the Additional District Judge, purulia, in L. A. Reference Case Nos. 52 of 1987 and 53 of 1987, thereby dismissing those reference cases.

(2.) THE State of West Bengal, on 16th September, 1985 issued a Notification under Section 4 of the Land Acquisition Act in relation to the Acquisition of 1. 57 acres of land in question in the village of Purulia being J. L. No. 292 (2), P. S. Purulia, being R. S. Plot Nos. 4485 and 4486 in full and part of R. S. Plot Nos. 4741 and 5097 of mouza Purulia for construction of a Post Office Building and the staff Quarters.

(3.) THE Land Acquisition Collector awarded compensation in favour of one mrityunjoy Chatterjee, the recorded tenant of the land acquired. Jatindra Nath ghatak and others, the appellants of F. A. 386 of 1997, made reference under section 18 of the Act (L. A. Reference case of 53 of 1987) thereby alleging that they were tenants in respect of the portion of the land sought to be acquired and accordingly, they are entitled to get part of compensation which has been exclusively given to Mrityunjoy Chatterjee. According to the claimants, mrityunjoy Chatterjee had no right of compensation over the part of the property over which they acquired title.