Asha Arora, J. - (1.) BOTH the appeals being F.A. No. 2 of 2005 and F.A. No. 3 of 2005 arise out of a common judgement dated 30th July, 2004 and decree rendered by the Special Land Acquisition Judge Alipore, District - 24 Parganas (South) in L.R.A. Case No. 96 of 1997 and 97 of 1997. By the impugned judgement and decree the aforesaid two land acquisition reference cases have been allowed and the land valuation has been enhanced to the extent of Rs. 8,59,070/ - per cottah. The referring claimant has also been granted other statutory benefits under the Land Acquisition Act, 1894 (hereinafter referred to as the Act).
(2.) BEING aggrieved, the appellant/Calcutta Electric Supply Corporation Limited, (for brevity referred to as the C.E.S.C Limited) the Opposite Party No. 2 in the lower Court brought the matter in appeal mainly on the following counts: "1. The Land Acquisition Judge erred in not taking into consideration the valuation of Premises No. 77 Park Street, Kolkata as assessed by the Land Acquisition Collector. 2. No reason was assigned for not taking into consideration the valuation of the aforesaid premises. The market value of Premises No. 2 Park Lane (acquired land) ought not to have been assessed solely on the basis of the valuation of Premises No. 91 A, Park Street, which has a large area suitable for development by construction of multi storied buildings while the premises in question that is, 2 Park Lane is not.
(3.) THE valuation of the acquired land assessed by the Land Acquisition Judge at the rate of Rs. 8,59,070/ - is without any basis and as such arbitrary.;