R.K. MARJIT Vs. ANIL KR. GHOSH
HIGH COURT OF CALCUTTA
Anil Kr. Ghosh
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(1.)This appeal has been preferred by the State of West Bengal against the judgment and decree dated 31st May, 1989, passed by the learned Additional Special Judge, 3rd Court at Alipore, South 24-Pargaaas in L. A. Case No. 1843 of 1988 (V).
(2.)In a nut-shell, the facts of the case are Inter alia that the disputed lands being Dag No. 4202 measuring about O. 61 acres appertaining to C. S. Khatian No. 239 Mouza Kasba. J. L. No. 13, Police Station Kasha, District South 24 Parganas was acquired for the purpose of East Calcutta Area Development project in L.A. Case No.II/3 of 1977-78 and possession was taken on 11th May, 1978. The notification was issued on 18th Dec., 1983 and the award was signed on 28th Oct., 1987 by the Land Acquisition Collector, who awarded Rs. 66,552.62p in favour of the referring claimant namely, the respondent/cross-objector for the said acquisition of land including S A. Interest, R.C. etc. Against the said award, the respondent/cross-objector filed an application for preference under Sec. 8 of West Bengal Act, 2 of 1948 read with section of the Act I of 1894 claiming compensation inter alta, as follows:-
"(a) That the market value of the land Rs. 25,000.00 (Twenty five thousand) per cottah.
(b) That 30% Solatium on the value of land under Sec. 23(2) of Act I of 1894 read with Act 68 of 1982.
(c) That Damage under Sec. 48A for delay in making the award.
(d) That Interest under Sec. 34 of the L. A. Act.
(e) That recurring compensation @ 9% p. a.
(f) The additional compensation under Sec. 23(1A) of the L. A. Act @ 12% p.a. from the material date till the date of award on the total value of land.
(g) That interest @ 9% per annum for the first year and 15% for the subsequent years from the date of possession till the date of payment of award money from the Court.
(h) That additional compensation, interest, damages etc. according to the provision of amended L. A. Act, 1984.
(i) Fitting & Fixtures, Foundation and loss of earning Rs. 1,00,000.00.
(3.)The said reference case was heard by the learned 3rd Court of the Additional Social L. A. Judge, Alipors, South 24-Parganas, who by his judgment and decree dated 31st May, 1989 allowed the said reference case modifying the award passed by the L. A. Collector to the effect that the referring claimant would be entitled to land value of the acquired 'sail' land at the rate of Rs. 6,625.00 per cottah, rental compensation at the rate of 9% per annum from 11th May, 1978 to 7th Dec., 1983 ; interest at the rate of 9% for one year and 15% from 8th Dec., 1984 till payment and solatium at the rate of 30% on the enhanced market value of the land. Being aggrieved by and dissatisfied with the said judgment and decree, the State Government has preferred the present appeal.
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