2&3. State Of West Bengal & Anr vs Santidevi Jalan & Ors
2023 Latest Caselaw 1371 Cal

                                               FA 281 of 2012
Items-
         23-02-2023
 2&3.                                   State of West Bengal & Anr.
                                                  Versus
                                           Santidevi Jalan & Ors.
 sg
           Ct. 8                                    With

                                               COT 4 of 2008
                                           Santidevi Jalan & Ors
                                                  Versus
                                        State of West Bengal & Anr.


                           Mr. Soumitra Bandopadhyay, Adv.
                           Mr. Rezaul Hossain, Adv.
                                                     ... for the appellants

                           Mr. Sailendranath Chakraborty, Adv.
                           Mr. A. Chakraborty, Adv.
                                                       ...for the respondents

The appeal and the cross-appeal are taken up together and

disposed of by this common judgment.

The appeal is arising out of a judgment and decree dated 31 st

March, 2006 passed by the Learned Judge, L.A. Tribunal Court,

Howrah in L.A. Case No. 27 (Act-II) of 1987-1988.

The judgment is short but it has addressed the issue nicely.

Admittedly, the lands of the awardees were acquired for public

purpose. The date of publication of notification under Section 4 of

the L.A. Act is 20-05-1989. The assessment per cotta was made

by the L.A. Department at Rs.5,721/- per cottah. The claimants

are the awardees. They are dissatisfied with the assessment made

by the Collector and made a reference under Section 18 of the

Land Acquisition Act.

In the said proceeding, the awardees claimed that they

would be entitled to Rs.60,000/- per cottah. They have relied upon

three documents that were marked as Exhibit 1, Exhibit 1(a) and

Exhibit 3. Exhibits 1 and 1(a) would show that on the date of the

notification, the transaction in relation to the similar lands would

be Rs.12,000/- per month. The said transactions are all of 8th

March, 1989. However, the appellants produced one Chartered

Engineer and Valuer in support of their enhanced claim of

Rs.60,000/- per cottah.

The learned Trial Court, in our view, has rightly observed

that the valuation made by the Chartered Engineer and Valuer was

exorbitant in view of the deeds dated 8th March, 1989 and 14th

February, 1989. The contemporaneous transactions of similar

lands situated in the locality were taken as the yardstick for the

purpose of assessing the market value of the lands and on that

basis, the award of the Collector was modified.

In view of such unimpeachable evidence showing that the

market value of the lands on the date of notification would be

Rs.12,000/-, we do not find any reason to interfere with the order

passed by the L.A. Judge, Howrah.

The appeal stands dismissed.

In view of our aforesaid finding, the cross-appeal

challenging the award of the Collector also stands dismissed.

Since, at the time of admission of the appeal, the appellants

have deposited entire awarded amount with the learned Registrar

General, we direct the learned Registrar General to disburse the

amount along with accrued interest upon premature encashment of

the fixed deposit to the awardees in accordance with their share

and upon proper identification within three weeks from date.

(Uday Kumar , J.)       (Soumen Sen, J.)