Decided on March 24,2003

Sm. Dalia Mitter And Ors. Appellant
Calcutta Improvement Trust And Ors. Respondents


Ashok Kumar Ganguly J. - (1.)This appeal is against the judgment and order dated 6.2.1998 passed by a learned Judge of the Writ Court by which the learned Judge allowed the Writ Petition, being W.P. No. 28775 (w) of 1997, filed by the Calcutta Improvement Trust (hereinafter called the 'CIT') and set aside the Award dated 23.12.1988 passed by the Calcutta Improvement Tribunal (hereinafter called the 'Tribunal') in a reference proceeding being No. 4 of 1983 (V).
(2.)The material facts of the case are that the CIT was the Requiring Authority for acquisition of Premises No. 20, Deshpran Sasmal Road, Calcutta comprising several plots and measuring about 5 Cottas, 9 Chitaks and 32 Sq. ft. Such acquisition was made in connection with the CIT Scheme No. 107.
(3.)On or about 11.3.1965, the Land Acquisition Collector, Calcutta issued a Notification under Sec. 4(1) of the Land Acquisition Act (hereinafter called 'L.A. Act') for the purpose of acquisition of the aforesaid premises. Thereafter, on or about 27.5.1971, a notice of acquisition was issued by the State of West Bengal through the Land Acquisition Collector, Calcutta for the purpose of acquisition of the said premises in connection with the aforesaid CIT scheme. Pursuant thereto, possession of the said premises was taken over by the Land Acquisition Collector, Calcutta in the month of Dec., 1975. Prior thereto, an Award was published by the Land Acquisition Collector, Calcutta on about 6.10.1975. Sri Salil Kumar Mitra, since deceased, the predecessor-in-interest of the appellant, being highly aggrieved by the said Award, filed a Reference Petition under Sec. 18 of the L.A. Act on 25.11.1975. This appears from page 25 of the records relating to the said Award. However, the L.A. Collector, Calcutta sent the said petition to the Tribunal sometime in the year 1983, even though the said petition was filed in 1975 and the said Reference Petition was thus numbered as Case No. 4 of 1983 (V). In respect of the said reference proceeding, the President of the Tribunal, after hearing the learned Counsel appearing for the claimant and the State Government gave a unanimous Award on 23.12.1988. The operative portion of the said Award is as follows :
"The award on account of land value is enhanced to Rs. 65,362.71 p., the increased amount over the Collector's award being Rs. 21,063.84 p., which the referring claimant shall be entitled to get. The referring claimant shall further get statutory allowance @ 30% on the value of land as determined by this Tribunal i.e. Rs. 65,362.71 p. The referring claimant shall further get damages under Sec. 48A of the L.A. Act @ 95 per annum for the period of 2 years 4 months 9 days. This damages shall be calculated in the following manner : Statutory allowance being calculated on the value of land as determined by this Tribunal shall be added to the said awarded value and the resultant sum shall be the basis of calculation of damages for the said period and at the said rate. The referring claimants shall further get an additional amount under Sec. 23(1 A) calculated @ 12% per annum on the total value of land for the period of 10 years 6 months 25 days. The increased amount on account of value of land, calculated amolunt of statutory allowance, calculated amount of damages and the calculated additional compensation shall carry interest @ 9 for one year from the date of the L.A. Collector took possession of the property i.e. 12.12.1975, and thereafter @ 15 per annum till the amounts are remitted to this Tribunal."


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