Protik Prakash Banerjee, J. - (1.) Affidavit of service filed in court today is taken on record.
(2.) The writ petitioner claims to be the co-sharer of the nonstate respondent, who is ultimately a descendant of one Laxmi Kanta Bar (since deceased). An acquisition commenced under the provisions of the National Highways Act, 1956 and an award was declared in favour of the writ petitioner and the co-sharer in respect of the land and also use of the structure. There is a dispute as to whether the petitioner Rajesh Bar is at all entitled to any compensation for the structure for which compensation was ultimately awarded to the co-sharers. The reason is because during the lifetime of Laxmi Kanta Bar by a deed of gift some land was given to Rajesh Bar over which he has a house and is residing thereon in which the Government of West Bengal through Land Acquisition Act, 1894 this appears from the brief history and report submitted today by the learned Additional Government Pleader Mr. Chandi Charan De who appears on behalf of the State. A copy of the said report is taken on record.
(3.) Mr. De submits that since the compensation is to be made on two heads for land and structure while the petitioner was entitled to and got compensation for the land but for the structure in respect of which the co-sharer got compensation, he is not entitled, since it is not the structure where he resides and therefore he could not be awarded any compensation. Hence, rightly no compensation was given to him.;