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2003 Supreme(Cal) 7
High Court Of Calcutta
TARUN CHATTERJEE, P. N. SINHA
KEDARNATH JUTE MANUFACTURING - Appellant
Versus
STATE OF WEST BENGAL - Respondent
FIRST APPEAL 237 Of 2000
Decided On : 01/09/2003
ARINDAM MUKHERJI, SHYAMAL SARKAR, Soumen Das Gupta, SUBHOMOY BHATTACHARYA, ZIAUL ISLAM
In assessing the value of lands acquired by the L.A. Collector in land acquisition cases, the value of lands which are nearer or adjacent to the acquired lands requires to be considered.
Headnote:
LAND ACQUISITION - VALUATION - ASSESSMENT - AVERAGE VALUATION OF DEEDS - ERROR - DANGER OF RELYING ON SINGLE DEED - USE OF MULTIPLE DEEDS FOR REASONABLE VALUATION - CLASSIFICATION OF LAND - CHANGE OVER TIME - INTEREST ON SOLATIUM - APPROPRIATION OF AMOUNT DEPOSITED - INTEREST FIRST.
Fact of the Case:
The Land Acquisition Collector acquired 2.85 acres of land for the Subhas Nagar Squatters Colony. The claimant was dissatisfied with the award and made a reference under section 18 of the Land Acquisition Act. The learned L.A. Judge assessed the value of the acquired lands at the rate of Rs. 11,554/- per cottah for danga, bastu, and bagan class of land and at the rate of Rs. 5,775/- per cottah for doba class of land. The claimant appealed against the valuation.
Finding of the Court:
The learned L.A. Judge erred in making an average valuation of the seven deeds produced before him. The acquired lands were in Sheet No. 7 of the Mouza map, while the State produced deeds for lands in Sheet Nos. 2, 3, and 4, which were far away. The claimant produced three deeds for lands in Sheet No. 7, which were nearer to the acquired land. The average valuation of these three deeds was Rs. 17,869/- per cottah. The doba lands, which were classified as such in the R.S. Record of Rights published in 1956, had been filled up and converted into bastu or homestead land. The claimant was entitled to the same valuation for these lands as for danga or bastu land. The learned L.A. Judge erred in not granting interest on solatium. The claimant was entitled to interest on the aggregate amount, including solatium.
Issues: 1. Whether the learned L.A. Judge erred in making an average valuation of the seven deeds produced before him. 2. Whether the claimant was entitled to the same valuation for doba lands as for danga or bastu land. 3. Whether the learned L.A. Judge erred in not granting interest on solatium.
Ratio Decidendi: 1. The learned L.A. Judge erred in making an average valuation of the seven deeds produced before him. The acquired lands were in Sheet No. 7 of the Mouza map, while the State produced deeds for lands in Sheet Nos. 2, 3, and 4, which were far away. The claimant produced three deeds for lands in Sheet No. 7, which were nearer to the acquired land. The average valuation of these three deeds was Rs. 17,869/- per cottah. 2. The doba lands, which were classified as such in the R.S. Record of Rights published in 1956, had been filled up and converted into bastu or homestead land. The claimant was entitled to the same valuation for these lands as for danga or bastu land. 3. The learned L.A. Judge erred in not granting interest on solatium. The claimant was entitled to interest on the aggregate amount, including solatium.
Final Decision: The appeal was allowed. The award made by the L.A. Collector was modified accordingly. The claimant was entitled to compensation for the land value of the acquired land at the rate of Rs. 18,000/- per cottah over the entire acquired land less the amount already awarded by the L.A. Collector. The claimant was entitled to solatium or statutory allowance @30% over the entire value of the land calculated by the court less the amount awarded by the L.A. Collector. The claimant was entitled to additional compensation @12% over the entire valuation from the date of publication of notification till the date of the award less the amount already awarded by the L.A. Collector. The claimant was entitled to interest over the entire compensation @9% p.a. from the date of possession i.e., from 20.9.1988 for the first year up to 19.9.1989 and thereafter, @15% till the date of payment in full. The claimant was entitled to interest over the whole amount including solatium as provided in sections 28 and 34 of the L.A. Act. The claimant was entitled to appropriate towards interest first in respect of the amount which the State of West Bengal would deposit before the learned L.A. Judge in terms of the award.
( 1 ) THIS appeal preferred by the claimant appellant is directed against the judgment and decree dated 19th February, 1998 passed by the learned Judge. L. A. Court (3rd Court), Barasat, Dist 24-Parganas (North ). The appellant has preferred the instant appeal being dissatisfied with the valuation of the acquired land assessed by the learned Judge over his application for reference made by him being dissatisfied with the award made by the Collector. 24-Parganas (North) dated 31. 8. 1992 and also against amount of solatium fixed by the learned Judge.
( 2 ) THE facts of the case giving rise to the instant appeal is that, the L. A. Collector, 24-Parganas (North) in Case No. L. A. 11/100 of 1987-88 acquired lands of the claimant totalling 2. 85 acres in R. S. Plot Nos. 3321e, 3340e, 3341e, 3342e, 3343e, 3344e, 3348p and 3351p in JL No. 9 of Mouza Sukhchar within P. S. Kharda for the purpose of Subhas Nagar Squatters colony. The Land Acquisition Collector took possession of the said land on 20. 9. 1988. A notification bearing No. 2451-L. A.-II under section 4 of the Land Acquisition Act was published in the Calcutta Gazette on April 12, 1989 acquiring the said lands of the appellant. The Collector passed an award of Rs. 7,30,535. 07p. which includes total value of lands Rs. 4,07,676. 36p. amount of solatium @30% Rs. 1,22,302. 90p. interest @9% on land value plus solatium for the period from 12. 4. 1989 to 11. 4. 1990 Rs. 47,698. 13p. interest at the rate of land value plus solatium for the period from 12. 4. 1990 to 11. 4. 1992 Rs. 1,39,119. 55p. and recurring compensation @6% on land value for the period from 19. 9. 1988 to 11. 4. 1989 Rs. 13,738. 30p. The claimant being dissatisfied with the award made by the Collector made the reference under section 18 of the Land Acquisition Act. The Land Acquisition Collector, 24-Parganas (North) referred the said reference application before the learned L. A. Judge. 24-Parganas (North) at Barasat. The Claimant accepted the amount of Rs. 7,30,535. 07p. awarded by the L. A. Collector under protest.
( 3 ) THE reference under section 18 of the L. A. Act was made by the claimant appellant alleging that the acquired lands were not properly valued by the L. A. Collector and the L. A. Collector did not consider the market value of the lands which were much higher than what was determined at Rs. 1,69,512/- per acre i. e. Rs. 2,801. 85p. per cottah for danga, bagan and bastu lands and Rs. 42,378/- per acre i. e. Rs. 700. 46p. per cottah for doba. The claimant claimed higher market value for the acquired land and contended that land value should have been Rs. 30,000/- per cottah.
( 4 ) THE matter was heard by the learned L. A. Judge and he delivered the judgment on 19th February, 1998 and assessed value of the acquired lands at the rate of Rs. 11,554/- per cottah for the danga, bastu and bagan class of land and at the rate of Rs. 5,775/- per cottah for doba class of land. Learned judge allowed solatium @30% of the total value and recurring compensation @9% p. a. from 20. 9. 1988 to 11. 4. 1989 on entire land value and interest @9% p. a. for entire compensation for first year from date of notification i. e. , from 12. 4. 1989 to 11. 4. 1990 and thereafter @15% p. a. from 12. 4. 1990 till the entire amount is paid in full, less the amount already paid by the L. A. Collector. The learned Judge also allowed additional compensation @12% p. a. on the entire market value from 12. 4. 1989 to 31. 8. 1992.
( 5 ) MR. S. P. Roy Chowdhury, learned advocate appearing for the claimant appellant contended that the learned L. A. Judge did not assess the value of the lands properly. At the time of hearing three deeds were produced on behalf of the claimant and four deeds were produced on behalf of the State of West Bengal to show value of adjoining lands at the relevant time. The sale deeds produced on behalf of the State are situated at far distance and were not comparable with the lands which were
