S.K Guin, J. - (1.)Two plots of Sali land measuring about 2.88 acres of Smt. Suniti Bala Debi situated in mouza Palta were acquired by the Special Land Acquisition Officer, North 24-Parganas in Case No. L.A.(R)/4 of 1981/82 for the purpose of regularisation of Naba Pally, P.O. 50 Squatters Colony at Palta P.S. Noapara. The notification under section 4 of the Land Acquisition Act was published on 5.5.82. The said Land Acquisition Officer made an award of Rs. 10,044/- in favour of Suniti Bala Debi by his order dated 14.2.89 and possession of the acquired land was taken on 2.3.89. Suniti Bala Debi died intestate leaving behind Santi Ganguli as her only daughter and sole heiress. Santi Ganguli did not accept the award and at her instance the said Land Acquisition Officer made a reference to the Special Land Acquisition Judge, First Court, Alipore and it gave rise to L.A. Case No. 10 of 1990(V) of the said Court. The parties before the said Court did not adduce any oral evidence but produced copies of some sale deeds. The sale deeds Ext. 1 and Ext. 1/a were exhibited on behalf of the Referring Claimant i.e. Santi Ganguli and they were marked so on admission. Similarly the copies of three sale deeds Ext. A to A/2 were exhibited on behalf of the State and they were also marked on admission. As the sale deed Ext. A/2 was subjected to an agreement for reconveyance, the learned Judge did not take the same into consideration in assessing the market value of the land under acquisition. As the land under sale deeds exhibited on behalf of the State was situated at some considerable distance from the land under acquisition, the learned Government Pleader appears to have conceded on behalf of the State that 15% more to be allowed as compensation if the same was to be assessed on the basis of the said deeds. The Learned Judge appears to have taken into consideration those four deeds - two produced on behalf of the Referring Claimant and two produced by the State and arrived at an average figure of Rs. 3,524/- per cottah and after eliminating the odd number, he has held that Rs. 3,500/- per cottah was a proper valuation of land under acquisition at the relevant time. The learned Advocates of both sides did not raise any objection to such valuation. So, by his order dated 23.5.90 the learned Judge made an award directing payment of compensation at the rate of Rs. 3,500/- per cottah. He also directed payment of statutory allowance at the rate of 30% on the enhanced land value and payment of interest at the rate of 9% from 2.3.89 to 1.3.90 and thereafter at the rate of 15% per annum till payment of the enhanced market value. He further directed payment of 12% per annum of such market value from 5.5.82 to the date of award i.e. 14.2.89 under section 23(1A) of the Land Acquisition Act. The State of West Bengal was given two months time to deposit the decretal dues.
(2.)Being aggrieved, the State has preferred the instant appeal. Mr. Banerjee, the learned Advocate appearing for the appellant has argued that a Government Pleader cannot make any concession on behalf of the State, that it is only the Advocate General who can do it and that the award passed on the basis of concession made by the Government Pleader should be set aside. In support of his argument he has referred to a decision of the Supreme Court in the case of Periyar and Pareekanni Rubbers Limited v. State of Kerala, AIR 1990 SC 2192. He has also argued that the concession as made by the Government Pleader on the face of it was not for the benefit of the State and that as such the said concession is not binding upon the State. In support of his argument he has referred to a decision of the Supreme Court in the case of Smt. Jamilabai Abdul Kadar v. Shankarlal Golabehand reported in AIR 1975 SC 2202. He has also argued that the deeds of the Referring Claimant relate to small plots which cannot be regarded as comparable units for the acquired lands which are big plots and that the valuation made on the basis of such deeds should not be accepted. In support of his view, he has referred to a decision of the Supreme Court in the case of Chimanlal Hargovinddas v. Special Land Acquisition Officer, Poona reported in AIR 1988 SC 1652. He has also argued that the fact that the acquired land was under occupation of the squatters was not taken into consideration by the learned Judge while assessing the market value of the acquired land and that market value of such land under occupation of the squatters would be much less than that of the lands sold as per deeds Ext. 1 and 1a.
(3.)Mr. Roy Choudhury, learned Advocate for the respondent, supporting the award as made by the learned Judge, has argued that as no ground was taken in the memo of appeal that the Government Pleader had no authority or written instruction to make any concession, it is now idle to urge that the Government Pleader was not competent to make such concession. He has also argued that under the provision of Order 27, Rule 2 of the Code of Civil Procedure, the Government Pleader is authorised to act on behalf of the Government and is deemed to be the recognized agent of the Government and that as such he was authorised to make such concession as he thought fit and proper in the facts and circumstances of the case. In support of his view he has referred to a decision of the Supreme Court in the case of the State of Uttar Pradesh v. M/s. Janki Saran Kailash Chandra reported in AIR 1973 SC 2071. He has further argued that the statement made by the Judge in his judgment that a particular thing happened or did not happen before him cannot be challenged by a party unless both sides agree that the statement is erroneous and that his remedy lies in a review. In support of his argument he has referred to a decision in the case of Bank of Bihar v. Mahavir Lal reported in AIR 1964 SC 377. He has also argued that the learned Judge rightly adopted average method after taking into consideration the documents of both sides and that such method was referred to with approval in the case of Periyar and Pareekanni Rubbers Limited v. State of Kerala (Supra).
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