MOHINI MOHAN BANERJEE Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This is an appeal by the claimants Mohini Mohan Banerjee and others against the judgment of the learned Additional District Judge of Hooghly, D/- the 9 of June 1924.

(2.) The case arises out of certain land acquisition proceedings. The Collector made his award and upon the request of the claimants he made a reference to the learned District Judge of Howrah.

(3.) The land in question is a small piece. 10 cottas 10 chittacks in area, and it is described in the Collector's reference to the learned Judge as "brick-field" land. The claimants contended before the learned Additional District Judge that the valuation of the land should be taken on the basis that the land was "brickfield" or that there was a reasonable probability of its being used as a "brickfield" but for the acquisition in question. The learned Judge decided that the claimants had not made out the case on which they relied and confirmed the award.