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2016 Supreme(Cal) 538

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Sate of West Bengal – Appellant
Versus
Texmaco Infrastructure & Holding Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pranab Kumar Dutta Sr. Adv., Mr. Mahendra Prasad Gupta, Adv., Mr. Ayan Banerjee, Adv., Mr. Supratim Dhar, Adv. : Mr. Dhananjay Nayak, Adv.
For the Respondent: Mr. Debayan Bera, Adv., Mr. Sakti Prasad Chakrabarti, Adv.

Jyotirmay Bhattacharya, J.

1. This first appeal is directed against the judgment and decree dated 20th September, 2011 passed by the learned Judge, Land Acquisition Court, Barasat, North 24-Parganas in land acquisition case no. LRA-18 of 2002 at the instance of the State Government alleging that the valuation of the acquired land of the referring claimant has not been properly and/or correctly assessed by the Land Acquisition Judge.

2. Bone of contention of the appellant:

3. According to the appellant, the learned Land Acquisition Judge, while assessing the valuation of the referring claimant’s land ought not to have fixed the valuation of the acquired land without taking into account the sale deeds which were produced by the Land Acquisition Collector in the said proceeding.

4. It is also contended by the appellant that considering the largeness of the land acquired by the State, the Land Acquisition Collector ought to have allowed deduction of 33 1/3% from the total land value of the acquired land.

5. It was also contended by the appellant that the Land Acquisition Judge, while assessing compensation payable to the claimants for the land acquired, ought not to have allowed the additio









































































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