STATE OF WEST BENGAL Vs. GOUTAM DEY
LAWS(CAL)-2015-5-51
HIGH COURT OF CALCUTTA
Decided on May 05,2015

STATE OF WEST BENGAL Appellant
VERSUS
Goutam Dey Respondents

JUDGEMENT

Asha Arora, J. - (1.) A batch of four appeals being First Appeal Nos. 105, 106, 107 and 108 of 2004 filed by the State of West Bengal/appellant arise out of a common judgment dated 19.11.2001 and decree rendered by the Land Acquisition Judge, Barasat, North 24 -Parganas in L.R.A. case Nos. 63, 64, 65, and 66 of 2000(V). By the impugned judgment and decree the aforesaid land acquisition reference cases have been allowed and the valuation of the acquired land assessed by the Land Acquisition Collector at the rate of Rs. 11,922/ - per cottah has been enhanced to the extent of Rs. 28,168/ - per cottah. The referring claimants have also been granted other statutory benefits under the Land Acquisition Act, 1894 (hereinafter referred to as the Act).
(2.) BEING aggrieved, the appellant/State of West Bengal, the opposite party in the lower Court brought the matter in appeal against the enhancement of the amount of compensation. The backdrop of the case in brief is that the claimants filed reference applications under Section 18 of the Act against the compensation awarded by the Land Acquisition Collector (for brevity referred to as the L.A. Collector) in respect of acquisition of land vide notification dated 15.01.1997 under Section 4(1) of the Act in Mouza Chandanpukur, J.L. 2 P.S. -Titagarh in the District of North 24 -Parganas for the purpose of 'Barrackpore Nagar Post -50 Squatters Colony' project. The claimants contended that the valuation of the acquired land has not been properly assessed by the L.A. Collector who did not consider the prevailing market price on the material date of notification. According to the referring claimants, the amount of compensation being inadequate called for enhancement.
(3.) THE opposite party being the State of West Bengal contested the claim of the referring claimants.;


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