MOHINI MOHAN SAHA Vs. PROVINCE OF BENGAL

JUDGEMENT

(1.) Premises No. 81 Bahir Surah Road, was acquired in connection with Improvement Scheme No. IV--Manicktolla (Supplementary) Excavation Area. The declaration was dated 1-9-1941 published in the Calcutta Gazette on 4-9-1941. There were a large number of claimants and the Collector after hearing the parties fixed the land value at Rs. 250 per cottah as an average rate. Compensation was also allowed for certain trees standing on the laud. Most of the claimants accepted the compensation as allowed by the Collector. Eight of the claimants did not accept the award and applied for a reference to the Calcutta Improvement Tribunal. Before the Tribunal evidence was led and experts were examined on behalf of the claimants and the Province. The claim before the Tribunal on behalf of the claimants was at the average rate of Rs. 500 per cottah. The experts on behalf of both the parties agreed that to ascertain the proper market value the valuation should be fixed by dividing the land into different belts. Both the parties were further agreed that the value of the first belt of firm land was Rs. 600 per cottah. The parties, however, differed as to the depth of the first belt. According to the claimants' expert it should be 100 feet while for the Province it was contended that it should be 60' feet. The Tribunal accepted the opinion of the expert on behalf of the Province. The Tribunal, further, found that the value of the portion covered by tank would be two-thirds of the valuation as fixed for solid land, and not half as urged by the Province.

(2.) The other point raised before the Tribunal was as to the area of the tank in the property in question. The Tribunal accepted the area as put forward on behalf of the Province, viz., 93 cottahs.

(3.) The experts also differed as to the rate of deduction to be allowed for the size and nature of the plot. The Tribunal overruled the objection on behalf of the claimant under this head also and allowed a deduction of 20 per cent.