ANINDYA DAS Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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SUVRA GHOSH,J. -
(1.)Since the three writ petitions pertain to similar issues, they are taken up for consideration together and proposed to be disposed of by a common
(2.)The petitioners have assailed the order passed by the Collector, Land Acquisition, Howrah at 29/7/2022 and have prayed for parity with the
other co-owners of the plots in question who have been granted enhanced
compensation amount including 12% per annum on the market value of the
(3.)The facts which are not in dispute are recorded herein below:- The plots in question were requisitioned under The Defence of India
Act, 1939 for construction of a godown for storage of food grains. After
the lifetime of the said Act, the plots were governed by The West
Bengal Requisition Land (Continuance of Powers) Act, 1951 and
notification was published in the Calcutta Gazette following which an
award was declared on 18/11/1987 in the L.A. case being no.
1(Act VIII) of 1979-80. Being aggrieved by the assessment of compensation made by the Collector, some of the land losers filed an
application for enhancement of the same before the Land Acquisition
Tribunal, being the Learned Additional District Judge, First Court,
Howrah. By an order passed on 15/9/1989, the Tribunal
enhanced the compensation to Rs.20,000.00 per cottah in respect of all
kinds of lands and further awarded 30% solatium and additional
compensation of 12% per annum as per sec. 23(1A) along with
15% interest from the date of compensation till payment. Due to non payment of the said amount, some of the co-owners/land losers
approached this Court in a writ petition and this Court directed the
concerned authority to take necessary steps regarding payment of the
amount. Thereafter, the Land Acquisition Collector, Howrah made
part payment of the amount but refrained from payment @ 12% per
annum. Some of the co-owners filed another writ petition before this
Court and by an order passed on 16/11/1995 in C.O. No.
15853 (W) of 1995, a coordinate Bench of this Court directed the L.A. Collector, Howrah, to act in terms of the directions contained in a
letter addressed to him by the Government on 2/9/1992 in
keeping with the enhanced award made by the Learned Special L.A.
Collector in L.A. Misc. Case No. 23 of 1989, in the event there was no
bar in paying the entire amount to the petitioners. A contempt
application was filed for non compliance of the said order. The State
carried the order of the Learned Tribunal in appeal after the delay of
near 6000 days. The application filed by the State for condonation of
delay was dismissed by an Hon'ble Division Bench of this Court by an
order passed on 25/8/2006 in F.A.T. 1218 of 2006.
Subsequently the Land Acquisition Collector, Howrah disbursed the
enhanced amount to the co-owners/ land losers in terms of the order
passed in C.O. No. 15853(W) of 1955.
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