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1966 Supreme(Cal) 195

P.N.MUKHERJEE, A.C.SENGUPTA
CHARU PROKASH GHOSH – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
BANKIM CHANDRA DUTT, Bikash Chandra Malick, Rewanta Krishna Majumder

P. N. MOOKERJEE, J.

( 1 ) THESE two appeals arise out of a Land Acquisition proceeding. The property under acquisition was, premises No. 26 Dixon Lane, which comprised an area of 11 cottahs with a three-storied building thereon. The Land Acquisition Collector awarded compensation at the average rate of Rs. 9,400 per cottah for the land and Rupees 1,39,000 for the structures.

( 2 ) IN addition to the above, he also awarded a sum of Rs. 2,000 on account of costs of removal and the usual statutory allowance. and his total award came up to Rs. 2,80,760.

( 3 ) THE claimant was dissatisfied with the Collector's award and took a reference before the Land Acquisition Judge. In the petition of reference the claim appears to have been made for a minimum amount of Rs. 2,82,000 for the entire property, the claim for the land being valued at least at Rs. 12,000 per cottah, and, for the structures, the claim was Rs. 1,60,000.

( 4 ) THE learned Land Acquisition Judge has enhanced the award by fixing the compensation including statutory allowance at Rupees 3,24,300 in place of the Collector's award of Rs. 2,80,760, the enhanced award thus coming up to Rs. 43,640.

( 5 ) THE claimant was still












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