STATE OF WEST BENGAL Vs. KESHAB KUNDU

JUDGEMENT

(1.) -These three appeals were heard analogously as by a common judgment dated 24th November, 1998 three reference cases under section 18 of the Land Acquisition Act, 1894 were disposed of by the learned Additional Special L.A. Judge, First Court, Alipore, District-South 24-Parganas.

(2.) The three respondents filed three different reference cases under section 18 of the Land Acquisition Act for enhancement of the compensation given by the Land Acquisition Collector in their favour. All the three respondents were joint lessees in respect of part of the property acquired. They were the owners of equal one-third share each in a running factory with buildings, structures and machineries installed on the landed property taken on the basis of lease for 21 years with option for further renewal of 10 years comprising a portion of R.S. Plot No.547/1533 under Khatian No.913 of Mouza Purba Sinthee under Police Station- Dum Dum.

(3.) The said property was acquired by the Land Acquisition Collector of North 24-Parganas for the construction of Dum Dum Station of Circular Railway. Notice under section 4 of the West Bengal Act II of 1948 was issued on 9th November, 1987 and the award was made by the Land Acquisition Collector on 24th January, 1990. The possession of the property was taken on 30th December, 1986.