Parimal Kumar Chanda, J. - (1.) This appeal by the State of West Bengal is directed against the Judgment of the President, Calcutta Improvement Tribunal in Valuation Case No. 88A of 1958(V) dated 6th May, 1959.
(2.) Premises No. 238, Maniktala Main Road was acquired under the Calcutta Improvement Trust alignment No. Ill (Maniktala) by which Maniktala Main Road was proposed to be widened by 30 ft. on the Southern side of the road. Premises No. 238 was divided into two lots in the scheme plan - the Northern portion is described as lot A and the Southern portion as Lot B. In Lot A there was an Ice Factory known as Shankar Ice Factory. It may be mentioned here that Lot B was originally part of premises No. 237/7 and separate premises No. 238 was created after Shankar Ice Factory was started. Two awards have been made in respect of lots A and B. There is no dispute regarding the award made in respect of Lot. A. In this appeal we are concerned with the award made in respect of Lot B. Purna Chandra Mullick, Paresh Nath Mallick, Kala Chand Mallick and Gorachand Mallick in whose favour the award has been made got Lot B on the basis of partition on 13th August, 1954. (Vide the deed of partition, Fxt. 7). On receipt of the notice under section 9 they submitted a petition claiming a sum of Rs. 9,20,000/-, including statutory allowance as compensation. They also challenged the correctness of the area given in the notices asserting absolute ownership of the acquired property.
(3.) The L. A. Collector awarded them Rs. 72,474.65p. Being dissatisfied with the award the Mallicks filed a petition on 5.9. 57 for reference to the Calcutta Improvement Tribunal under Section 18 of the Land Acquisition Act in the following terms : (A) That the area of the land acquired is two bighas and 5 kattahs. (B) That the market value of the land ought to have been assessed at the average rate of Rs. 3000/- per kattah. (C) That damages for injurious affection ought to have been awarded at Rs. 4000/- per kattah on account of severence of a strip of land measuring about one kottah and five chattacks and intervening between the land acquired and the common passage which has become absolutely useless by reason of acquisition of the adjoining land to the West; (D) That statutory allowance ought to have been awarded at the rate of 15% on the market value of the land. The Mallicks had not accepted the award made under section 11 of the L. A. Act and made the petition dated 5.9.57 annexure to the letter of reference addressed to the President, Improvement Tribunal.;