- (1.) The instant appeal is arising out of the judgment and the order dated 31st July, 2006 passed by the learned District Judge, PurbaMedinipore at Tamluk in L.A. Misc. Case No.108/2004 arising out L.A. Misc. Case No.17/2000 in a reference under Section 18 of the Land Acquisition Act, 1894.
(2.) The appellants were not satisfied with the assessment of compensation by the District Collector in respect of the scheduled property, namely, 2.36 decimal of land in total for which a compensation of Rs.9, 29,015 was awarded. The appellants in the said proceeding, namely, L.A. Misc. Case No.108/2004 challenged the said assessment made by the District Collector on the ground that such assessment of compensation has not been properly made and such assessment suffers from perversity and total non-application of mind since in assessing compensation the said authority had failed to take into consideration the proper market value prevailing at the time of acquisition.
(3.) The aforesaid plots of land have been acquired in L.A. Case No.28 of 1991- 2000, 29 of 1999-2000 and 30 of 1999-2000 in the names of Gunadhar Majhi, Bindu Bala Majhi wife of Gunadhar Majhi and Deb Kumar Majhi and Dilip Kumar Majhi son of Gunadhar as all the lands were recorded jointly in the names of the appellants/petitioners on 19th April, 2000, the District Collector of the then Medinipore awarded Rs. 9,29,015/- in the said three reference cases.;