STATE OF WEST BENGAL Vs. GANESH CHANDRA MITRA
LAWS(CAL)-1971-12-12
HIGH COURT OF CALCUTTA
Decided on December 10,1971

STATE OF WEST BENGAL Appellant
VERSUS
GANESH CHANDRA MITRA Respondents

JUDGEMENT

M.M.Dutt, J. - (1.) These two appeals at the instance of the State of West Bengal are against the awards passed by the learned Additional District Judge, Purulia, in two land acquisition cases under Section 18 of the Land Acquisition Act, 1894.
(2.) The property acquired is a premises comprising buildings, land and a tank- The premises is known as 'Kamala Kutir'. The notification under Section 4 of the Act in respect of the acquisition of Kamala Kutir was published on May 16, 1960. The description of the premises and the buildings, fixtures and other amenities appertaining thereto, appear from the following portion of the judgment of the learned Additional District Judge, as follows :-- "The premises 'Kamala Kutir' stand on 7.91 acres of land with a compound wall on all sides measuring 7 ft. 6 inches in height and 1931 Rft. in length. Within this boundary-wall, there was a Bungalow having a plinth area of 6061 Rft., with terraced roof on rolled steel joists and tees, all walls 20" thick at super structure containing a main hall covering a floor area of 692 sit, with a front Verandah of 900 sft., in marble floor and Mosaic dado, two rooms covering a floor area of 361 sft., having Mosaic floor and dado and five other rooms, septic latrine and bath and the remaining Verandahs having artificial stone floor and dado with electric fittings and glazed and Venetian shutters for outside doors and windows and pannel shutters for inside doors and also containing a circular and cast iron stair case for going to the roof. Besides the main building as above, there was one Pucca structure with C. I. Sheet roof measuring 1058 sft., one Pucca structure with Khapra roof measuring 1053 sft., one Chala with Pucca structure and C. I, sheet roof measuring 12 sft. (?) one attached Chala with C. I, sheet roofing of 709 sft., one Pucca structure with C. I. sheet roofing measuring 866 sft. one attached Chala with C. I. sheet roofing measuring 396 Eft. one Pucca building measuring 1114 sft., one Pucca structure with Khapra roof measuring 144 sft., one Pucca walled house measuring 432 sft., one Pucca privy measuring 217 sft., one Pucca building measuring 377 sft, and one Pucca structure with C. I. sheet roof measuring 188 sft. In the premises there were further five pucca wells and two cisterns. There were also four Octagonal masonry gate pillars 13 ft. high above the ground level and M. C. Beam rail over the gate-opening joining the pillars and one M S. ornamental iron gate, one round masonry platform in front of the Bungalow 19'.6" diameter and one ft., high above the ground level, four cement statues on masonry base and six iron light-posts, one tank having a bed area of 1.23 acres with ridges measuring 1.51 acres and a Pucca Khat in it and also some trees. The main building was constructed in 1926 by late Lalit Kishore Mitra, who was a lawyer by profession and all other constructions within the premises were completed mostly by 1935, the tank only being constructed in 1938."
(3.) Although the premises comprise a compact area measuring 7.91 acres and surrounded by a boundary wall a portion of the area measuring 5.43 acres consisting of the entire homestead and a small portion of the bank of the tank appertains to mouja Puru-lia and the remaining portion measuring 2.48 acres consisting of the entire land and the major portion of the bank, appertains to mouja Raghabpur. In view of the fact that the area of the premises appertains to two moujas, two land acquisition cases were started by the Land Acquisition Collector.;


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