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1949 Supreme(Cal) 137

R.C.MITTER, P.N.MITRA
Province of Bengal – Appellant
Versus
Amulya Dhoti Addy – Respondent


Advocates:
Lalit Mohan Baksi and Biswanath Naskar - for Appellant.
Satyendra Nath Mitra - for Respondents.

Judgement

R. C. MITTER, J. :- Premises No. 19, Surah Third Lane, was acquired for the purpose of Improvement Scheme No. IV (Maniktolla) made by the Board of Trustees for the Improvement of Calcutta and sanctioned by the Local Government under the provisions of the Calcutta Improvement Act, V [5] of 1911 B.C. The said premises was at all material times an open piece of land comprising an area of 10 bighas 12 cottas 36 square ft. There were two tanks within it. It abutted on the sure third Lace which was to its East. It had a vista on a blind lane which stopped at a point of its Southern boundary. There was no roadway on the acquired premises in continuation of that blind lane. The said blind lane is a public one. The plot is shown in the Key plan, Ex. 1. On 27th August 1943 the Collector made his award. He gave Rs. 61548-14-0 for the land, Rs. 725 for the trees and Rs. 9341-1-0 as statutory allowance total Rs. 71614-15 odd.

2. The claimants, who are the respondents before us, were dissatisfied with the Collectors award. At their instance the Collector made a reference under the provisions of S. 18, Land Acquisition Act, to the Tribunal constituted under the provisions of chap, IV, Cal





















































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