Badal Das @ Badal Chandra Das & Ors vs The Land Acquisition Collector
2023 Latest Caselaw 3606 Cal

19.05.2023
Court No.12
 S/L. No. 4
  Suvayan/
  Sourav
                                  FA 466 of 2003
                                       With
                                  CAN 13 of 2023

                    Badal Das @ Badal Chandra Das & Ors.
                                     Vs.
               The Land Acquisition Collector, Darjeeling & Ors.

              Mr. Debashis Kundu, Sr. Adv.
              Mr. Soumyen Datta
              Mr. R. N. Barik
                                               ... for the appellants.

              Mr. Ram Chandra Guchhait
                                         ... for the State/respondent.

In Re: CAN 13 of 2023

1. Having heard the learned Counsel for the

petitioners/appellants wants to withdraw the

application.

2. Accordingly, the interim application being CAN

13 of 2023 is dismissed as withdrawn. The

amended cause title is undertaken to be filed in

Court today be accepted by the A.C.O. in course

of this day or by the reopening day and it should

be incorporated in the memo of the appeal.

3. Pending filing of the aforesaid amended cause

title the appeal shall be taken up for disposal

today.

In Re: FA 466 of 2003

1. Heard Mr. Debasish Kundu, learned Senior

Counsel appearing for the land loosers/appellants and

Mr. Ram Chandra Guchhait, learned Counsel

appearing for the State.

2. It is contended by the learned Counsel for the

appellants that the present appeal is squarely covered

by the determination made by a co-ordinate Bench of

this Court in FA 203 of 2013 and other appeals

disposed of on 22.11.2017 [2017 SCC Online Cal.

18181: (2017) 5 CHN 507 (DB): (2018) 181 AIC 808:

(2018) 1 Cal. L.J 559]. In all the present appeals some

of which are appeals by the private individuals/land

loosers and some of which are cross appeals/appeals

by the State of West Bengal, the date of possession of

the land was 22.10.1984 and the date of publication of

notice under Section 4(1A) of the West Bengal Act II of

1948 (the Act II of 1948, for short) is 02.06.1987.

Learned Counsel for the State also fairly

contended that this appeal is covered by the decision

of aforesaid co-ordinate Bench. It is also submitted by

learned Counsel for the State that the State has

preferred no appeal against judgment passed by

learned Additional District Judge, Darjeeling after

remand.

3. It is strenuously submitted by the learned

Counsel for the appellants that the area of the land

looser covered in the present appeal is of the same

locality with which the judgment passed in FA 203 of

2013 and other appeals disposed of on 22.11.2017 by

the co-ordinate Bench (Supra) is concerned. On

perusal of the aforesaid judgment and the appeal

memos in the present case, we are satisfied that the

judgment passed by the co-ordinate Bench in FA 203

of 2013 and other appeals on 22.11.2017 squarely

covers the facts of the present appeal.

4. In the present appeal different points are raised,

inter alia, the multiplier to be applied instead of 8 to

10; deduction towards cultivation cost be reduced

from 50% to 20%; quantum of loss of earning and

solatium are to be revisited in terms of the market

value as decided in FA 203 of 2013 and other appeals.

5. Regard being had to such facts and submissions

and our satisfaction to the effect that judgment passed

in FA 203 of 2013 and other appeals squarely covers

the field so far as the present appeal is concerned, we

remand the matter to the learned Additional District

Judge, 1st Court, Darjeeling to revisit the matter in the

appeal in the light of the judgment passed by the co-

ordinate Bench of this Court in FA 203 of 2013 and

other appeals on 22.11.2017 (Supra).

6. The entire exercise be completed within a period

of six months from the date of receipt of records from

this Court. The parties are directed not to indulge in

any unnecessary adjournments in the matter. In

revisiting the matter on remand, learned Additional

District Judge, 1st Court, Darjeeling shall be guided by

the exercise made by this Court in Land Acquisition

Case No. 2 of 1997 after the remand by the co-ordinate

Bench in FA 203 of 2013 and other appeals disposed

of on 22.11.2017 (Supra).

7. Learned Additional District Judge, 1st Court,

Darjeeling is directed to do the needful for directing

the payment of at least 50% of the original awarded

amount along with interest during the pendency of the

matter on remand on filing of proper application to

that effect.

8. Accordingly, the impugned order in the appeal is

set aside and the matter is remanded.

9. The records be sent down immediately to the

learned Trial Court through special messenger at the

cost of the land looser.

10. Accordingly, the appeal stands disposed of.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)