Prabir Kumar Samanta, J. - (1.) These two appeals are taken up together for disposal as the same involved a common question. Those have been preferred by the State of West Bengal against the judgment and decrees passed L.R.A. case Nos. 1 and 3 of 1995 by the Land Acquisition Judge, North 24-Parganas. The aforesaid cases were by way of references made under Section 18 of the Land Acquisition Act, 1894 against the awards passed by the Collector in the land acquisition proceedings in respect of the respective claimant/respondents herein.
(2.) A common question of law is involved in these two appeals, which is neither related to the determination of the market value of the lands nor the method adopted therefor as above. The question is whether the grant of additional compensation @ 12% p.a. on the entire market value of the lands for the period from the date of possession to the date of award in terms of Sub- section (1A) of Section 23 of Land Acquisition Act, 1894 is sustainable in law or not, particularly when the same were acquired under the provisions of West Bengal Land (Requisition And Acquisition) Act, 1948.
(3.) The respective lands of the claimant/respondents were acquired under the provisions of the West Bengal Land (Requisition and Acquisition) Act 1948 (hereinafter referred to as the Act of 1948) as amended from time to time. The notification for acquisition of the same was made on 24th January, 1989 while the possession of the same was taken over earlier to the said date of notification that is on 29th September, 1988. The Collector made his award for such acquisition of the lands on 26th October, 1990. There were three claimants who made three separate references under Section 18 of the Land Acquisition Act 1894 (hereinafter referred to as the Act of 1894) against their respective awards. Upon such reference three cases being L.R.A. case Nos. 1 to 3 of 1995 were registered and were disposed of by a common judgment. These two appeals have been preferred by the two referring claimants of L.R.A. Case Nos. 1 and 2 of 1995.;