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1976 Supreme(Cal) 225

PRADYOT KUMAR BANERJEE, R.K.SHARMA
BIJOLI PROVA NANDY CHOWDHURY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
BIRENDRA NATH GHOSH, Chandidas Roy Chowdhury, N.G.Das, Nanigopal Das, S.C.DAS GUPTA, Somen Das Gupta, TAPAN SEN GUPTA

BANERJEE, J.

( 1 ) THIS appeal arose out of an application for reference under Section 18 at the instance of the claimant. By notification dated 17th April, 1965, 336. 27 dec. of land was acquired out of which the appellant is interested in C. S. Plots Nos. 4091, 4092 and 4095 and the Collector toy his award dated 3rd September, 1968 allowed Rs. 39,263. 85 p. The nature of the land in which we are interested in this application are Bill, Bhery and Bhery machchas. The Collector valued the bill and bhery lands at the rate of Rs. 1210/- per acre. Not being satisfied with the award given toy the learned Collector, the appellant referring claimant made an application under Section 18 of the Land Acquisition Act and claimed compensation at the rate of Rupees 2500/- per cottah for the acquisition of the petitioner's property. She also claimed Rs. 2500/- per month for the period of requisition. The learned arbitrator however allowed at the rate of Rs. 80/- per cottah or Rs. 1616/- per bigha and he further gave 6% interest on the land and also 15% statutory allowance on the land value. The award was made on 26th April, 1971. Thereafter the State Government made an application under Order 4




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