STATE OF WEST BENGAL Vs. BIBHUTI BHUSAN CHATTERJEE

JUDGEMENT

(1.) This is the State's appeal, arising out of a Land Acquisition proceeding. The acquired land is a strip 6 ft. wide by the side of a public lane (Ganesh Banerjee Lane) in Dhakuria and the acquisition is on behalf of the Municipality for widening that lane. The strip stretches in length along Ganesh Banerjee Lane which adjoins, it on the west and its width (6 ft.) abuts on the main thoroughfare Sarat Ghose Garden Road which is to its adjacent north. It measures 3 kattas, 10 chittaks and 30 sq. ft. and it forms part of c.s. plot No. 658 (of mouza Dhakuria) which has an area of 41 acre and belongs to the claimants-respondents.

(2.) The relevant notification under Section 4 of the Land Acquisition Act is dated the 27th February, 1947. It was published in the Calcutta Gazette on the 16th March, 1947. Statutory declaration under Section 6 of the Act was made on the 23rd February, 1948, and it was published in the Calcutta Gazette on the 26th February, 1948. The Collector gave his award on the 27th October, 1948, valuing the land at Rs. 1,000/- per katta, and for trees etc. he awarded Rs. 40/- and his total award, including the usual statutory allowance at 15 per cent., came up to Rs. 4,262-10-8p.

(3.) The claimants were not satisfied and they applied for a reference to the learned Land Acquisition Judge. That reference was duly made and it was registered as Land Acquisition Case No. 56/49 (v) of the Court of the Special Land Acquisition Judge at Alipore. This valuation reference was eventually heard by Sri M.L. Chakraverty who enhanced the Collector's award to Rs. 10,646-4-11p, the actual enhancement being Rs. 5,383-10-3p (including statutory allowance), the price of land having been fixed by the learned Land Acquisition Judge at Rs. 2,500/- per katta. Aggrieved by this enhancement, the State of West Bengal has preferred the present appeal. The claimants-respondents have filed a cross-objection with a view to get further enhancement.