D.K. Seth, J. - (1.) The land, in respect of which the petitioners are claiming payment of compensation involved in Matter No. 1934 of 1994, was sought to be acquired by the Calcutta Improvement Trust (CIT). A notice under Section 43 of the Calcutta Improvement Trust Act (CIT Act) was issued on 28th October, 1965. After going through the process , as contemplated under the Land Acquisition Act, as applicable in respect of an acquisition under the CIT Act by the virtue of Section 69 of the later Act, an award was passed by the Collector on 22nd July, 1981 under Section 11 of the Land Acquisition Act (1894 Act). A reference was made to the Improvement Tribunal constituted under Section 77 of the CIT Act, through a reference under Section 18 of the 1894 Act in 1982. On 13th July, 1982 the Tribunal passed an award in the said case being Case No, 18 of 1982 granting solatium at the rate of 15% under Section 23(2) and damage at the rate of 6% of the 1894 Act.
(2.) 1 From a certified copy of the award dated 1st December, 1988, it appears that the Collector had made the award on 27th of July, 1981 namely before 30th of April, 1982. The Tribunal on a reference under section 18 of the 1894 Act had made its award on 13th of July, 1982 viz. subsequent to April 30, 1982. On 23rd May,1985, the claimants made an application under section 23(2) of the LA Act as amended by the Land Acquisition (Amendment) Act 1984 (1984 Amendment) claiming solatium at the enhanced rate under the amended section 23(2) and interest under Amended Section 28 of the said Act. This application under section 23(2) was allowed on 10th of April; 1986, whereby solatium @ 30 damages @ 9% and interest @ 9% as available under the Amended Section 23(2) and Amended Section 28 were allowed. The claimants had filed another petition on 13th May, 1986 claiming additional compensation under section 23(1 A) as introduced under the 1984 Amendment. By an order No. 20 dated 16th of May, 1986 passed in case No. 10 of 1982(v) , the claim for additional compensation was rejected on the grounds that the award was made before 30th April, 1982 by the Collector and as such benefit of Section 23(1 A)was not available.
(3.) 2 The claimants made another application under Section 23(1A) for additional compensation on 29th August, 1988, on the strength of a decision of the Calcutta High Court in C.O. No. 520 of 1988 disposed of on 3rd of June, 1988. The said civil order arise out of a case No. 4 of 1978(v) of the same Tribunal. The claimant in that case had sought review of the award dated 18th of June, 1982 for the relief under Section 23(2) as well as under Section 23(1A). This was allowed by an order on 10th of April, 1986 and the claimants were held entitled to solatium and damages and interest etc. But the claim for additional compensation under Section 23(1A) was disallowed. The claimants in that case made an application for modification of the original award as well as the subsequent order on review. This was rejected on 19th May, 1986. A further application for review made subsequent thereto was also rejected. Another application for review was made on 2nd November, 1987 in the said case No. 4 of 1978 (v) relating to additional compensation. This was also rejected on the ground that it could have been moved before the higher Court. Against this order, the claimants, in that case, had moved this Court in C.O. No. 520 of 1988.;