- (1.) THIS appeal is directed against the judgment and award, dated 31st march, 1999 and 8th April, 1999 passed by the learned Land Acquisition special Judge in case No. 69 of 1996. The instant appeal has been preferred by some officials of the State of West Bengal being aggrieved by the quantum of compensation award by the learned Land Acquisition Judge. The short facts of the case are as follows.
(2.) SEVERAL plots of land were acquired by and under a notification issued under section 4 of Land Requisition and Acquisition Act, 1948 (hereinafter referred, to as Act II) All the plots of land in question are situated in mouza choprajhar bearing Nos. 1212 and 1240, and khatian Nos. 574 and 580 in the District of Uttar Dinajpur. The land was acquired for the purpose of the teesta Barrage Project. The Land Acquisition Collector had awarded compensation, which was not found by the claimant respondent. Hence an application for reference under section 18 of the Land Acquisition Act, 1894 (Act I of 1894) was made. The learned Land Acquisition Court, has enhanced the compensation by the impugned judgment and decree. on such reference. It appears from the records, and so also from the judgment rendered by the learned Judge that the State of West Bengal duly contested through the learned Government Pleader before the learned Judge.
(3.) THE State of West Bengal did not prefer any appeal against the instant judgment and decree, however, some officials of the State of West Bengal claiming themselves to be persons interested and being third party have preferred this appeal. At the ad interim stage leave was granted by this court to prefer this appeal. In the grounds it has been agitated by the appellants that they being the real requiring body and/or beneficiary of the land acquired should have been notified and added as a party so that they could get an opportunity of being heard. In connection with this appeal an application for permission to adduce evidence in this appeal has been made. The said application is required to be disposed of.;