REKHA RANI BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This appeal is at the instance of claimants and is directed against a decision of Sri R. R. Banerjee, Additional Special Land Acquisition Judge, Alipore, 24 Parganas in a proceedings under section 18 of the Land Acquisition Act.

(2.) By Notification No. 22304 dated 15.11.53, the land in question were acquired for settlement of immigrants who migrated to the State of West Bengal. Such Notification was published in Calcutta Gazette dated 1.12.53. The land covered under the said Notification are shown in the schedule of the petition under section 18 of the Land Acquisition Act. It appears therefrom that a total area of 3.6168 decimals of land were acquired under C.S. plots No 1120 and 1197 within village Satgachia, P.S. Dum Dum, District 24 Parganas. After such Notification and after such acquisition, the owners of the land were given compensation by the L.A. Collector, 24 Parganas. But it did not satisfy the owners of the land and as such they applied for a reference under section 18 of the Land Acquisition Act. Such reference case was contested by the State of West Bengal and the specific case of the State of West Bengal was that sufficient compensation was given to the claimants and, therefore, there cannot be any reason of being aggrieved. The learned L.A. Judge after having considered all aspects of the case and after examining the evidence on record, dismissed the reference case holding, inter alia, that adequate compensation was given to the claimants.

(3.) On being aggrieved by the Judgment and Award of the learned L.A. Judge, the claimants have come up before the court with this appeal. It is contested by the Respondents, the State of West Bengal.