STATE OF WEST BENGAL Vs. BON BEHARI MONDAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
BON BEHARI MONDAL
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Banerjee, J. -
(1.)A single point of law arises for our consideration in both these appeals, namely, whether the Collector was right in valuing the compensation payable for certain plots of land acquired under the West Bengal Land (Requisition and Acquisition) Act (West Bengal Act II of 1948) in accordance with the provisions of the second proviso to Section 7(1) of the said Act and whether the Court below was wrong in treating the aforesaid provisions as ultra vires;
(2.)West Bengal Act II of 1948 came into operation on March 11, 1948. Section 7(1) of. the Act, as it originally stood, is hereinbelow set out:
"7(1) Wherever any land is acquired under Section 4 there shall be paid compensation the amount of which shall be determined by the Collector in the manner and in accordance with the principles set out in Sub-section (1) of Section 23 of the Land Acquisition Act 1894: Provided that the market value referred to in clause first of Sub-section (1) of Section 23 of the said Act shall, in respect of any land acquired under this Act, be deemed to be the market value of such land on the date of publication of notice referred to in Sub-section (1) of Section 4, Provided further that if such market value exceeds by any amount the market value of the land on the 31st day of December, 1940 on the assumption that the laud had been on that date in the state in which it in fact was on the date of publication of the notice referred to in Sub-section (1) of Section 4, the amount of such excess shall not be taken into consideration."
(3.)The Act was amended by West Bengal Act VII of 1951, which came into operation on March 21, 1951, and in Section 7(1) of the Act, after the words and figures "Section 23 of the Land Acquisition Act, 1894", the words, "so far as they may be applicable" were added.
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