- (1.) THIS first appeal is at the instance of the Referring claimants and is directed against an award dated 20th February, 2004 passed by the learned L. A. Tribunal, Howrah in L. A. Case No. 24 of 2000 thereby allowing the Reference proceedings in part. The learned Tribunal below enhanced the rate of compensation for the acquired land to Rs. 52,500/- per cottah from Rs. 11,990/-per cottah awarded by the Collector. The compensation for structure was also enhanced to Rs. 4 lakh from Rs. 1,86,242/- awarded by the Collector. The claimant was given special damages due to severance of the property at the rate of 5% of the land-value together with solatium and interest in terms of the Land acquisition Act. Being dissatisfied, the Referring claimant has come up with the present first appeal. The L. A. Collector, Howrah acquired 12 cottahs 28 and half sq. ft. of land being the front portion of holding No. 151, Andul Road, Howrah with structure for the purpose of construction of the approach road of Second Hooghly River Bridge and awarded compensation at the rate of Rs. 11,990/- per cottah for land and rs. 1,86,247/- for the structure. Being dissatisfied, the appellants filed an application for Reference for enhancement of the compensation.
(2.) ACCORDING to the appellants, the property was situated just abutting the main road i. e. Andul Road with valuable structure and building with all amenities and privileges of the nearby G. T. Road and after acquisition and demolition of front portion of the building, the earlier road frontage of 70 ft. was narrowed down to 12 ft. thereby diminishing the value of the rest of the property to a considerable extent and on account of such shortening of the frontage, the remaining part of the property could not be used as godown, factory, etc. , as was used earlier, because due to reduction of frontage, no heavy vehicle could be brought there for loading and unloading. According to the appellants, some of the tenants had left the remaining portion of the premises on the abovementioned ground thereby causing loss of rental of Rs. 10,000/- a month. The further contention of the appellant was that at the relevant point of time, the valuation of the land was not less than Rs. 2 lakh per cottah and the valuation of the building acquired was Rs. 11,55,000/- and thus, the appellant prayed for enhancement of the amount of compensation.
(3.) THE State of West Bengal contested the case but no written objection was given.;