STATE OF WEST BENGAL & ORS. Vs. PANKAJ KUMAR PAL & ORS.
LAWS(CAL)-2000-4-55
HIGH COURT OF CALCUTTA
Decided on April 24,2000

State of West Bengal and Ors. Appellant
VERSUS
PANKAJ KUMAR PAL And ORS. Respondents

JUDGEMENT

M.H.S. Ansari, J. - (1.) The State proposed a Project for Bhuri Shyamsundarpur Beel Drainage Scheme in Mouzas-Radhanagar, Nari, Ichlabad, District- Burdwan and for the said project Acquisition of 1022 acres of land was proposed. Section 4(1 a) Notification under the West Bengal Land (Requisition and Acquisition) Act II of 1948 published in the Calcutta Gazette of the 31st August, 1972. We are concerned in this appeal with the land in Plot No. 7342 (P) of an Area of 0.55 which has been classified as "BASTU".
(2.) The Land Acquisition Officer determined the valuation of the land at Rs. 37,500/- per acres and awarded interest @ 6% p.a. thereon. Aggrieved thereby, the Land-owners/respondent sought for reference under Section 18 of the Land Acquisition Act. It was claimed that the value of the land acquired is Rs. 2 lakhs 20 thousand @ Rs. 4 lakhs per acre. The said reference was registered as Land Acquisition Case No. 23/206 of 1975/74 and by a judgment dated 26th day of September, 1975, the Additional District Judge, 1st Court, Burdwan awarded compensation @ Rs. 1,25,000/- per acre.
(3.) The instant appeal is preferred by State assailing the enhancement of compensation from Rs. 37,500/- per acre to Rs. 1,25,000/- per acre.;


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