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2003 Supreme(Cal) 60

A.N.RAY, HRISHIKESH BANERJI
CESC LIMITED – Appellant
Versus
RUP KUMAR BARIK – Respondent


Advocates Appeared:
C.K.DUTT, DEBAYAN BERA, L.K.Poddar, P.K.ROY, SUCHIT KUMAR BANERJI

A. N. RAY, J.

( 1 ) WE dispose of by this common judgment and order three appeals from a common judgment and order of the learned Land Acquisition Judge, by which he disposed of three reference from the awards of the Collector.

( 2 ) THE acquisition in these cases did not take place under Act I of 1894 but under the West Bengal Act II of 1948 which is called the West Bengal (Requisition and Acquisition) Act, 1948.

( 3 ) HEREAFTER we shall refer to these Acts simply as Act I and Act II.

( 4 ) THE number of referring claims is quite large and is above 20. They are in three sets. The land was acquired under Act II in May, 1995. The area is upwards of three bighas. One bigha is 20 cottahs and 1 cottah is 720 sq. ft. The land was a part of a 10 bighas tract situated at 156a, Manicktola Main Road, owned previously by a single common ancestor, namely, Kali Pada Barik, since deceased.

( 5 ) THE Collector made this award sometime in the year 1997 and thereafter the Land Acquisition Judge approached on reference by the Bariks.

( 6 ) THE Collector's award was on the basis of about 50,000/- rupees compensation per cottah, but the Land Acquisition Judge, on the first hearing raised it to




































































































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