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2017 Supreme(Cal) 750

SANJIB BANERJEE, SABYASACHI BHATTACHARYYA
State of West Bengal – Appellant
Versus
Sanjoy Kumar Pal – Respondent


Advocates Appeared:
For the Appellants : Ayan Banerjee
For the Respondents: Debayan Bera and Soma Roy Chowdhury

JUDGMENT

Sabyasachi Bhattacharyya, J.

1. This appeal is at the instance of the State, against a judgment passed on a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). The reference was undertaken at the instance of one Benukar Pal (since deceased), who had prayed for getting compensation at a value higher than that awarded by the Collector, which was Rs. 19,247/-, with solatium, additional compensation, interest as per law since 1975-1976. In course of the proceedings, the said Benukar expired and the present respondent No. 1, being the son of the deceased, was substituted in place of the deceased.

2. The first ground urged by the State-appellant is that the Additional District Judge, while sitting in reference under Section 18 of the said Act, awarded compensation in favour of the petitioner, being the predecessor-in-interest of the present respondent No. 1, from the date of possession. For arriving at such decision, the Court below proceeded on the premise that the acquisition of the land in question was made under Act II initially in the year 1975-76, which was subsequently "regularized" by virtue of the Amendment Act of 1997













































































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