R.K. Bag, J. - (1.) THIS appeal at the instance of the appellant/State of West Bengal is directed against the judgment and decree dated 21st April, 2004 passed by Learned Land Acquisition Judge, Barasat, North 24 -Parganas in LRA Case No. 58 of 2000 by which Learned Judge enhanced the amount of compensation.
(2.) THE claimants/respondents are owners of land measuring 0.122 acre appertaining to plot No. 7417, Khatian No. 4127 and land measuring 0.179 acre appertaining to plot No. 7419, Khatian No. 4174 of Mouza Chanak, P.S. Titagarh, District North 24 -Parganas (hereinafter described as acquired land). On 26.03.1991 the Land Acquisition Collector, North 24 -Parganas took over possession of the acquired land under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 for the purpose of regularisation of Deepak Nagar Squatters Colony. On 05.02.1998 the said Land Acquisition Collector, North 24 -Parganas passed an award towards compensation of the claimants in Case No. LA -II/34 of 1990 -91. The claimants received the award on protest by reserving their rights to claim further compensation in accordance with law. It is alleged that the acquired land is situated within developed residential locality and has all the amenities of modern life including transport system, education, hospitals etc. The Land Acquisition Collector on behalf of the appellant/State assessed the valuation of the acquired land @ Rs. 7,93,099/ - per acre i.e. @ Rs. 13,109.07/ - per cottah. The Land Acquisition Collector awarded solatium @ 30% on the land value together with additional compensation @ 12% per annum on the land value for the period from 26.03.1991 to 25.11.1997. The claimants challenged the award passed by the Land Acquisition Collector, North 24 -Parganas by way of reference under Section 18 of the Land Acquisition Act, 1894 before Learned Land Acquisition Judge, Barasat. The said reference case being No. 58 of 2000 was disposed of by Learned Land Acquisition Judge on 21.04.2004 by enhancing the valuation of the acquired land @ Rs. 52,800/ - per cottah along with statutory allowance or solatium @ 30% on the land value, and additional compensation @ 12% per annum on the entire land value from the date of taking over possession of the land i.e. from 26.03.1991 till the date of the award i.e. 05.02.1998 and interest on the entire amount of compensation @ 9% per annum from the date of the award till 04.02.1999 and thereafter interest @ 15% per annum till the date of payment of the entire amount of compensation. This decision of the Learned Land Acquisition Collector is under challenge in the instant appeal.
(3.) IT appears from the materials on record that the claimants produced four sale deeds of Mouza Chanak and the R.S. Map of Mouza Chanak for assessment of valuation of the acquired land by Learned Land Acquisition Judge. Similarly, the appellants/State also produced fourteen sale deeds before Learned Land Acquisition Judge to show the valuation of the acquired land. It also appears from record that the nature of 0.122 acre of acquired land is "Kal" i.e. non -agricultural land. Similarly, the nature of 0.179 acre of acquired land is "Dunga" i.e. non -agricultural land. The certified copy of the deeds [Exhibit -A to Exhibit -A(13)] produced on behalf of the appellant/State for assessment of valuation of the acquired land indicate that the nature of the land described in these sale deeds are "Sali" i.e. agricultural land, whereas the acquired land is "Kal" and "Dunga". Since the valuation of "Sali" land i.e. agricultural land cannot be compared with the valuation of non -agricultural land for assessment of valuation of the acquired land, Learned Land Acquisition Judge has rightly discarded the valuation of the lands covered under the sale deeds [Exhibit -A to Exhibit -A(13)] produced on behalf of the appellant/State.;