AHIDHAR GHOSH Vs. SECY OF STATE

JUDGEMENT

(1.) This is an appeal from a judgment and decree, dated 23 May 1927, of the High Court of Judicature at Fort William in Bengal, by which a judgment and decree dated 18 March 1925, of the Special Land Acquisition Judge at Alipur was varied.

(2.) The nature of the case is this: The Municipality of Calcutta required certain land in Michael Dutt Street in Calcutta, and accordingly invoked the machinery of the Land Acquisition Act, 1894, for the purpose of securing the property. Under that Act anybody seeking to acquire land sets the Government Collector in motion by means of a number of declarations and notifications which need not be specifically referred to. Under S. 11 of the Act, on a day which the Collector fixes, the Collector proceeds to inquire into the objections, if any, raised by the persons interested. He inquires into the value of the land and the nature of the interests therein. It is his duty to make an award as to the true area of the land, the compensation which in his opinion should be allowed for the land, and the apportionment of the compensation among the persons interested. S. 18 provides: "Any person interested who has not accepted the award may by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested."

(3.) Under sub-S. (2) of the same section the application must state the grounds on which objection to the award is taken. Then the matter goes to the Special Land Acquisition Judge, and under S. 23, sub-S. (1), in determining the amount of compensation to be awarded for the land acquired under the Act the Court has to take into consideration the market value of the land at the relevant date. Section 25, sub-S. (1), provides: "When the applicant has made a claim to compensation pursuant to any notice given under S. 9 the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under S. 11." It is necessary also to refer to the Calcutta Municipal Act, 1899. S. 557 of that Act provides: "Any land or buildings which any municipal authority is authorized by this Act to acquire may be acquired under the provisions of the laud Acquisition Act, 1894, and for that purpose the said Act shall be subject to the following amendments."