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SOUMEN SEN, UDAY KUMAR
Mira Maity – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Soumen Sen, J.
The appeal and the cross-appeal are arising out of a judgment passed in a batch of matters arising out of land acquisition proceedings initiated in respect of 1.78 acres of land of Mouza Gopal Nagar under P.S. Panskura.
2. In a reference under Section 18 of the Land Acquisition Act 1894, the learned Additional District and Session Judge, 2nd Court, Tamluk, district Purba Medinipur enhanced the compensation from Rs.2009/-per decimal as determined by the LA Collector to Rs. 5000/-per decimal. There are 17 land loosers. They have challenged the award of the Land Acquisition Collector.
3. The appellants are the award holders in the said reference.
4. They have prayed for enhancement of compensation based on three title deeds out of which two are situated in Mouza Ryne and one in Gopal Nagar.
5. The learned Trial Judge in deciding the compensation amount had taken into consideration three title deeds namely, deed no. 2619 dated 25th November, 2003 of plot no.939, deed no.2620 dated 25th November, 2003 of plot no.1461 and deed no.3639 dated 1st December, 2003 regarding plot no.939 giving an approximate valuation of Rs.6000/-per decimal.
6. The learned trial Judge disre
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
(1) Acquisition of land – Quantum of compensation – Process of assessing or affixing compensation is not tethered to precision but is rather aimed at a nuanced estimation of pertinent factors.(2) Acq....
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