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1907 Supreme(Cal) 164

Harish Chunder Neogy, Claimant – Appellant
Versus
Secretary of State for India in Council – Respondent


JUDGMENT

Mitra Caspersz, J. - These are appeals from two awards of the Special Land Acquisition Judge of the 24-Pergunnahs under Act I of 1894 and the same claimant is the Appellant in both the appeals which relate to the amounts of compensation awarded to the Appellant. The principal question is what is the market value of each cottar of land in each of the plots covered by the proceedings. Appeal No. 264 of 1905 has reference to the southern plot measuring 15 cottahs, 10 chittaks and 22 square feet. Both the Collector and the Judge have valued it at Rs. 425 per cottah. The Appellant claims compensation at Rs. 738 per cottah. Appeal No. 285 relates to the northern plot measuring 4 cottahs, 5 chittaks, 6 square feet. The market value per cottah tendered by the Collector was Rs. 550, and the learned Judge has affirmed that valuation. The Appellant claims compensation at Rs. 801 per cottah. The cases of valuation of land acquired under Act I of 1894 for public purposes or the purposes of companies may be classified under three heads:

(1) The opinion of valuators or experts, (2) the price paid within a reasonable time in bond fide transactions of purchase of the lands acquired or of the

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