KARAM CHAND SINGH Vs. STATE OF WEST BENGAL
LAWS(CAL)-2009-2-12
HIGH COURT OF CALCUTTA
Decided on February 10,2009

Karam Chand Singh Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

BHASKAR BHATTACHARYA, J. - (1.) THIS first appeal is at the instance of the Referring claimants in proceedings under Section 18 of the Land Acquisition Act and is directed against an award dated 7th August, 1981, passed by the District Judge, Jalpaiguri, in miscellaneous judicial L.A. case No.14 of 1979 thereby enhancing the amount of compensation from Rs.52,122/- per acre assessed by the Collector to Rs.75,000/- per acre. The learned District Judge further awarded solatium at the rate of 15 percent upon the total amount of compensation and interest at the rate of 6 percent over the enhanced valuation from the date of possession till the deposit of decretal amount in Court.
(2.) BEING dissatisfied, the Referring claimants have come up with the present first appeal. It appears from record that the lands involved in the proceeding comprise in Plot Nos.457 and 460 under Khatian No.150 of Mouza Debgram within the District of Jalpaiguri and the total area of land acquired was 6.04 acre and the nature of the land was Sahari. The acquisition was notified on 4th May, 1978. The Collector valued the land at the rate of Rs. 52,122/- per acre.
(3.) THE land owners challenged such valuation by making a reference and according to the landowners, the compensation should be enhanced to Rs.1,30,000/- per acre. The State of West Bengal contested the proceeding by contending that the acquired land had been properly valued by the Land Acquisition Collector.;


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