IMPORTANT POINT
Accurate property measurement and adherence to legal protocols are essential for valid rent compensation assessments under land acquisition laws.

JUDGMENT :

Apurba Sinha Ray, J.

1. These two appeals are directed against a judgment and order dated October 3, 2023, whereby two writ petitions were disposed of by a learned Judge of this Court. One was the writ petition of Kolkata Municipal Corporation (in short ‘KMC’) being W.P.O. 2289 of 2022. In this writ petition KMC had challenged the enhancement of quantum of rent as compensation assessed by the First Land Acquisition Collector. The other writ petition was that of Rameshwar Properties Pvt. Ltd being W.P.O. 2380 of 2022. Rameshwar Properties had challenged a letter dated July 19, 2022, issued by the Land Acquisition Collector proposing a fresh inspection of Premises No. 42, Ripon Street, Kolkata, of which Rameshwar Properties was the owner and which had been requisitioned by the Government and occupied by KMC for a substantial period of time. Since two writ petitions were disposed of by a common judgment and order, KMC has filed two appeals.

2. Shorn of all unnecessary details, the Learned Single Judge has very precisely narrated the factual issues relating to the dispute at page nos. 10 to 12 of the impugned Judgment, which are reproduced herein below:-

“The cases have a chequered history. Rameshwar Properties is admittedly the owner of the premises in question, being 42, Ripon Street, Kolkata. The premises was initially requisitioned under Rule 75A of the Defence of India Rules framed under section 2(5) of the Defence of India Act, 1939 and thereafter under section 3(1) of the Act of 1947. The petitioner filed a writ petition being W.P. No. 2057 of 1997 against the order of requisition and during pendency of the writ petition, the State Government published a notice under section 4 of the Land Acquisition Act, 1894 stating that the premises was required for public purpose. Since no award was declared in terms of section 11A of the Act of 1894, Rameshwar Properties moved a writ petition being 1605 of 2003 which was disposed of by this Court on 26th June, 2012 directing the State to deliver possession of the property in favour of Rameshwar Properties. The Court further directed the Land Acquisition Collector, Kolkata to determine and pay, if not already determined and paid, rent for the period the property was under requisition and occupation charge from January 20, 2000 till the date of delivery of possession. Without handing over possession of the premises in compliance with the order of the Court, the first Land Acquisition Collector, Kolkata issued a fresh notification under section 4 of the Act of 1894 on December 23, 2013. The order dated June 26, 2012 was carried in appeal by the KMC and by an order passed on 25th March, 2015 in A.P.O. No. 230 of 2014, the Hon'ble Division Bench opined that provision of the new Act would apply to determination of compensation and till passing of award, provisions of the 1894 Act would apply. In view of fresh acquisition proceedings being initiated, the Court did not direct handing over possession of the property to the owner. In the said appeal, the then Learned Advocate General informed the Court that the amount payable as rent up to a day prior to declaration under section 4 under occupation charges from 20 January, 2000 to 22nd December, 2013 be determined by the Collector and paid within two months from date. The calculation made by the LA Collector was held to be inappropriate by an Hon'ble Division Bench of this Court in an order passed on January 28, 2020 in A.P.O. No. 181 of 2016. The Hon'ble Division Bench directed determination of occupation charges within a stipulated time frame. It shall be useful to reproduce the operative portion of the order.

"APO No. 181 of 2016 and GA No. 1872 of 2016 are allowed by directing the concerned LA Collector to undertake the exercise of determining the occupation charges at premises no. 42, Ripon Street, Kolkata for the period January 20, 2000 to December 15, 2013 in accordance with law and upon due notice to both the appellant herein and t