Decided on February 09,2024

Anindya Das Appellant


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 judgment.
(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 land.
(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.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.