- (1.) This appeal has been filed by the State of West Bengal challenging the judgment and award passed by the learned Additional Special Land Acquisition Judge, Alipore, on September 19, 1998, enhancing the award passed by Land Acquisition Collector, South 24-Parganas on March 11, 1989 in LRA Case No.101 of 1992(V).
(2.) Fact of the case in brief is as follows:- 4.50 acres of land comprised in plot No.471/887 under J.L. No.13, Mouza Osmanpur, P.S. Khardah in the district of North 24-Parganas was acquired in Case No. L.A.(R)/S-1981/82 in terms of notification No.5895/Rehab. dated December 5, 1988. The said notification was published on August 16, 1988 for the purpose of regularisation of squatters' colony. In order to regularise the post-50 squatters' colony in the aforesaid Mouza Osmanpur, J.L. No.13, P.S. Khardah, district North 24-Parganas, a case being No. L.A.(Rehab) 5 of 1981/82 was initiated. There was proposal for acquisition of land comprised an area of 7.449 acres, in other words, 3.0312 hectares in Mouza Osmanpur, J.L. No.13, P.S. Khardah, district North 24-Parganas was initiated by Refugee Relief and Rehabilitation Department Vide memo No.5027/3/Re/Dev. dated January 3, 1980 for regularisation of post-50 squatters by the refugees those who came to West Bengal from the then East Pakistan now Bangladesh. A notification bearing No.406-L-Dev. dated October 16, 1981 under Section 4(1) of West Bengal Land Development Planning Act, 1948(West Bengal Act XI of 1984) was published on page No.1702 part 1 of Calcutta Gazette Extraordinary, dated July 4, 1984. A Draft Erratum No.234 L.Dev dated August 1, 1984 was published and the same reads as follows:- "Read the figure "4.50" acres for the figure "7.49" acres in Line-3. Read the figure "1.3212" hectare for the figure "3.0312" hectare in Line-4. Delete the word and the figure "and" and "888" respectively in Line-17 Delete the Line-21."
(3.) Ultimately, a declaration under Section 6 of the Land Acquisition Act was issued and published for 4.50 acres of land and published in the Extraordinary issue of Calcutta Gazette bearing No.236 L.D.V. dated August 1, 1988.;