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1972 Supreme(Cal) 277

GUPTA, CHANDA
STATE OF WEST BENGAL – Appellant
Versus
ASITENDRA NATH MITTER – Respondent


Advocates Appeared:
B.C.MALLICK, B.DAS, B.P.CHATTERJEE, P.K.SENGUPTA, P.N.MITTER, R.K.MAJUMDAR, S.K.BANERJEE, S.S.Haider

GUPTA, J.

( 1 ) THESE two appeals, preferred by the State of West Bengal, are directed against a decision of the Tribunal constituted under Section 72 of the Calcutta Improvement Act, 1911, disposing of two references arising out of the acquisition of premises No. 36-B, Barrackpore Trunk Road under the Calcutta Improvement Trust Bustee Rehousing Scheme No. 1. The scheme was published under Section 43 (2) of the said Act on December 27, 1956 which is the material date for determination of the market value of the acquired land. Premises No. 36-B had been partitioned before acquisition and the demarcated portions relevant for the purpose of these two appeals are described as lot A and lots B and D. The two references before the tribunal, registered as cases Nos. 14 and 14-A of 1959 relate respectively to lot A and lots B and D. The claimants are, in respect of lot A, Asitendra Nath Mitter, and in respect of lots B and D, Asitendra Nath Mitter, F. A. 104 of 1960 arises out of case No. 14 and F. A. 105 of 1960 from Case No. 14-A. The area of lot A is 1 bigha 13 chittaks and 20 Sq. ft. and the total area covered by lots B and D measures 3 bighas 9 cottahs 9 chittaks and 33 Sq. ft. The l

















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