STATE OF WEST BENGAL Vs. SMT. JASADORANI MONDAL

JUDGEMENT

(1.) This appeal is at the Instance of the State of West Bengal and it arises out of a proceeding for compensation died by the respondent claimant before the learned Additional District Judge, Howrah under Sec. 18 of the Land Acquisition Act, 1894.

(2.) It appears that the disputed land measuring .055 acre comprised in CS Plot No. 309/1, of Mouza Ichapur, in the district of Howrah, was acquired by the State Government under Notification No. 5938 LA dated April 27, 1965 published under section 4 of the Land Acquisition Act for the future improvement scheme of the Howrah Improvement Trust, namely, for constructing a park including a lake The learned Additional District Judge on such reference allowed the Misc. Case and directed that the referring claimant would get Rs. 6831.00 as compensation in respect of the acquired land. Hence this appeal.

(3.) Tho only question that has been raised by Mr. Chatterjee for the appellant is that the learned Additional District Judge had no jurisdiction to entertain and hear tho reference made by the respondent under section 18 of the Land Acquisition Act, 1894. In to consider this question, it is necessary to refer to some of the provisions of the Howrah Improvement Act, 1956 (hereinafter referred to as the Act). Under the Act, the Board of Trustees for the Improvement of Howrah has been constituted. Sec. 67 provides, inter alia, that the Board may, for carrying out the purposes of the Act, and with the previous sanction of the State Government, acquire land under the provisions of the Land Acquisition Act. Sec. 68 confers power on the Board to acquire land for future improvement schemes. Under section 69, a Tribunal shall be constituted for the purpose of performing the functions of the Court in reference to the acquisition of land for the Board under the Land Acquisition Act. Sec. 70 provides, inter alia, that for the purpose of acquiring land under the Land Acquisition Act, (for the Board) the Tribunal shall be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge. Further, it provides that the Act shall be subject to the further modifications as indicated in Schedule I to the Act. Sec. 71 lays down the constitution of the Tribunal. Sec. 78 of the Act provides as follows:-