- (1.) This is an application for review of the order dated 3rd July, 2006 passed by this Court in disposing of the appeal preferred by the appellant.
(2.) The appellant is the recorded bargadar in respect of the lands in question which were acquired under the provisions of the West Bengal Industrial Infrastructural Development Act, 1974. The concerned Collector while awarding compensation for acquisition of the same did not award any compensation whatsoever to the writ petitioner. Accordingly, the writ petitioner moved a writ petition in this Court for a writ in the nature of mandamus commanding the respondent authority to pass an award of compensation in favour of the petitioner for the acquisition of the lands in question under the provisions of the aforesaid Act. For the purpose of determination of compensation for acquisition of the land under the provisions of the aforesaid Act, the provisions of the Land Acquisition Act, 1894 are applicable. Section 23 in its application to the State of West Bengal provides that the Court shall take into consideration that the loss of earning, if any, caused to the person interested, in consequence of the acquisition of the land where earning was derived directly from such land. Sub-section 4 of Section 23 provides: - "(4) Compensation payable to a bargadar for loss of earning under clause seventhly of sub-section (1) shall not exceed six times the net average annual income which the bargadar derived or might have derived from the land during three years immediately proceeding the date of acquisition."
(3.) Upon reading of the aforesaid provision of Section 23 of the Land Acquisition Act, 1894, it is clear that this Court while disposing of the appeal by the order dated 3rd July, 2006 made an error apparent on the record by observing that the Land Acquisition Act, 1894 did not specifically provide for giving compensation of the bargadars of the lands in addition to the owner of the same. We, therefore, set aside the order under review and the application for review is, thus, allowed.;