Compensation for acquired land is determined based on the market value as of 31-12-1946, adhering to statutory provisions post constitutional amendments.

1. This is an appeal filed by Sudhir Chandra Deb Nath and Ananta Chandra Dev Nath against the judgment and decree, dated 30-4-1960, in Land Acquisition Case No. 41 of 1956, on the file of the Additional District Judge, Tripura, to set aside the same and to grant them compensation at the rate of Rs. 1600/-per "kani".

2. On 29-6-1956 the Land Acquisition Officer of Agartala (District Magistrate and Collector) passed an order for Issuing a notification under S.4 of the West Bengal Land Development and Planning Act of 1948 (West Bengal Act XXI of 1948), as extended to Tripura, by Notification No. 86 - J, dated 1-8-1950, by the Government of India, Ministry of States, for acquisition of land measuring 3.80 acres in mouja New Model Village for the construction of Industrial Training Centre. The notification was published in the extraordinary issue of the Tripura Gazette, dated 11-7-1956. The Land Acquisition Officer passed an order on 28-7-1956 for publishing declaration in the Gazette under S.6 of the said Act. Notices under S.9 of the Land Acquisition Act (Act I of 1894) were also published calling upon the interested parties to appear before the Land Acquisition Officer and to make their claims. On 16-10-1956, he passed an award awarding compensation to the claimants at the market value of Rs. 200/- per "kani" of land, as on 31-12-1946, under S.8 (1) (b) of the West Bengal Land Development and Planning Act and allowed the statutory compensation of 15 per cent and interest at 6 per cent per annum from 15-5-1953, the date of taking possession up to 15-12-1956.

3. The appellants herein were not satisfied with the amount awarded to them and got a reference made under S.18 of the Land Acquisition Act (Act I of 1894) for fixing the correct amount of compensation. The learned Additional District Judge recorded evidence, oral and documentary, and upheld the award passed by the Land Acquisition Officer and the market value of the land as on 31-12-1946. Hence the appeal by both the claimants.

4. The land of the first appellant which was acquired by the Land Acquisition Officer is 20 "decimals" (½ of kani) covered by jote No. 197 in mouja New Model Village. The land of the second appellant was also of the same extent covered by the same jote No. 197 in mouja New Model Village.

5. The first question that falls for determination is regarding the fixation of the date, on which the market value of the lands in question prevailed for being taken into consideration in fixing the compensation. S.8 of the West Bengal Land Development and Planning Act, 1948 (Act XXI of 1948), under which the lands were acquired runs as follows, after its amendment by West Bengal Land Development and Planning (Amendment) Act 1955 (West Bengal Act XXIII of 1955).
"8 (1). After making a declaration under S.6, the State Government may acquire the land and thereupon the provisions of the Land Acquisition Act, 1894 (hereinafter in this section referred to as the said Act), shall, so far as may be, apply :
Provided that -
(a) if in any case the State Government so directs; the Collector may, at any time after a declaration is made under S.6, take possession, in accordance with the rules, of any beel, baor, tank or other watery area, or any waste or arable land in respect of which the declaration is made and thereupon such land shall vest absolutely in the Government free from all encumbrances;"
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S.8 (1) (b) of the said Act prior to its amendment by West Bengal Land Development and Planning (Amendment) Act, 1955 (West Bengal Act XXIII of 1955) ran as follows : -
"(b) in determining the amount of compensation to be awarded for land acquired in pursuance of th