UNION OF INDIA Vs. HALIMAN BIBI
HIGH COURT OF CALCUTTA
UNION OF INDIA
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Saugata Bhattacharyya, Soumen Sen,JJ. -
(1.) This appeal is directed against an order passed by the Arbitrator in connection with the determination of compensation payable under the Requisitioning and Acquisition of Immovable Property Act, 1952.
(2.) The claimants filed a set of reference cases under Section 8 of the said Act. It concerns certain lands appertaining to Mouzas Palta and Ichhapur under the Police Station Noapara in the District 24 Parganas (North). Those lands were initially requisitioned under Section 29 of the Defence of India Act, 51 of 1962 on behalf of the Central Government which continued under the requisition immediately before the 10th July, 1968 and as such, by virtue of the provisions of Sub-Section 1 of Section 25 of the Requisitioning and Acquisition of Immovable Property Act, 1952, those lands were deemed to have been requisitioned also from that date under Section 3 of the said Act.
(3.) For acquisition of these lands, the Land Acquisition Collector, who is the competent authority, offered compensation @ Rs.24,791/- per acre for bastu land, @ Rs.24,056/- per acre for danga, garden and bank of the tank and @ Rs.12,028/- per acre for doba, tank and pond in Arbitration Case nos. 2/87(V), 28/88(V) and 29/88(V). The L.A. Collector offered compensation @ Rs.59,320/- per acre for garden, danga and bastu and half of that rate per acre for doba, tank and ponds in Arbitration Case Nos. 22/88(V) and 4/88(V).;
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