Decided on August 06,1970



- (1.) SALIL Kr. Datta, J. : this appeal arises out of land acquisition proceedings. The lands situate in Mouja Mahesh, p. S. Srirampore in the District of hooghly measuring 4. 938 acres were notified on December 19, 1949 for acquisition under Section 4 of the Land acquisition Act, 1894 for extension of the mills of the Bengal Luxmi Cotton mills Ltd. (hereinafter referred as the company) at its expense. This notification was followed up by the declaration on December 17, 1953, and the collector made his award on January 11, 1955 while the possession of the lands was taken on July 12, 1957.
(2.) THE lands under the said acquisition were included in a brick-field which comprised quite a large area of 7. 753 acres of lands and were owned by Dey Chowdhurys. The brick-field was settled with one Nilkanta Srimani, for and on behalf of the appellants as claimed by them, for a period of 3 years commencing from Kartick, 1350 B. S. to Aswin, 1353 B. S. at an annual rent of es. 2,600/ -. It further appears that there were 3 kilns in the settled lands and the appellants in the name of their firm T. N. Bhar and Co. carried on the business of manufacture and sale of the bricks in the settled lands. After the expiry of the period of the lease, according to the appellants, they went on holding over the settled lands at an enhanced rent of Rs. 3,200/- per year deviously under the same terms and conditions as before and were in possession thereof when the acquisition proceedings started. It further appears that the Dey Choudhurys as lessors instituted a suit being Title Suit No. 10 of 1955 in the Second Court of Subordinate judge, Hooghly on February 8, 1955 for khas possession of the brickfield on eviction of Nilkanta Srimani therefrom and for mense profits and the suit was contested by the defendant nilkanta denying the liability for eviction, and stating that the appellants were the partners of T. N. Bhor and co. for whose benefit and interest the settlement was taken and they are the persons who are the appellants before us in this appeal. The said suit was however dismissed on August 1, 1958 for non-prosecution on the basis of a joint petition filed in the said proceedings.
(3.) BEFORE the Collector the lessors as also the appellants filed their respective claims and the Collector determined the proportionate annual rent for the lands acquired, out of the settled lands, at Rs. 1,550/- and compensation was awarded to the lessors by capitalising the net income at 20 times of the annual rent less expenses. For the appellants, the Collector assessed the loss of their business at 4 times the net annual loss and the total loss was determined at Rs. 16,300/ - for which the award was made. For removal costs a further amount of Rs. 1,000/- was awarded for bricks and Rs. 200/- for kiln.;

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