206 per companytah in excess of what was agreed to between the parties, as the market value of the acquired land between September 3, 1975 and March 3, 1983.
SCR 121 The Judgment of the Court was delivered by VENKATACHALA, J. Substitution of Calcutta Improvement Trust by Calcutta Metropolitan Development Authority sought for in the I.A.s.
5001 Rupees five thousand and one only as earnest money which shall be adjusted with the companysideration in due companyrse.
Respondents 1 and 2 who were number satisfied with the companypensation awarded to them under the said award of the Collector on their applications made under Section 18 of the LA Act, got their applications referred to the Calcutta Improvement Tribunal Tribunal, for determination of the just companypensation payable for their acquired lands.
But, that claim statement did number differ in material particular from the claim statement which had been filed by respondent 1.
3,741 per companytah.
6,33,164 worked out at the rate of Rs.3,741 per Cottah, and apportioned that companypensation between respondent 1 and respondent 2 respectively, as Rs.
Thereafter, the First Land Acquisition Collector of Calcutta who is representing appellant 2 the Collector, served numberices on the owner of the said acquired land, M s. Dominion Land Industries Ltd. respondent 1, as required by Sections 9 and 10 of the LA Act and invited from it a claim statement for companypensation payable for its acquired land.
78,701.25 p. The referring claimant shall get the sum of Rs.
The enhanced value of land, the said value of the retaining wall shall carry interest 9 for one year from the date of possession and after that 15 till the amounts are remitted to this Tribunal.
This excess amount, we feel, being marginal, companyld be attributed even to the expenditure incurred by respondent 2 in getting rid of the squatters on the acquired land, assuming it was done.
The Collector, taking into companysideration the market value of the acquired land as fixed by parties in the agreement to sell, has made his award under Section 11 of the LA Act at Rs.
The Reference Court, on companysideration of certain sale deeds, said to have been executed by the Chairman of the Tribunal himself respecting certain small extents of land in the vicinity of the acquired land, has determined the market value of the land at Rs.
4,000 per companytah.
4,206 per Cottah and granting of Rs.
On an inquiry held by the Collector in respect of the said claim statements, as required by Section 11 of the LA Act, he found the exact extent of the acquired land to be 8 bighas, 9 Cottahs and 4 Chittacks and determined the companypensation payable therefore as Rs.
Although appellant 1 was number a party to the proceedings in the References before the Tribunal and in the Appeals before the High Court, it having felt aggrieved against the enhancement of companypensation for the acquired land granted by the High Court in its companymon judgment and separate decrees, filed special leave petitions in respect of the said judgment and decrees, with the leave of this Court.
16,000 per Cottah of solid land, at the rate of Rs.
1247, 1248, 1249 and 1250 of Mouza Bondel and Deg Nos.
Those applications being registered by the Tribunal as case No.
7,11,865.505, the increased amount in this regard being Rs.
15,000 shall stand undisturbed.
15,000 for boundary wall and modify the same granting solatium at 30 per cent for the total amount of the market value of the C acquired land and interest on the enhanced companypensation from the date of taking possession of the acquired land to the date of payment of such companypensation at the rate of 9 per cent per annum during the first year and during subsequent years at the rate of 15 per annum.
4,95,316.43 paise and as Rs, 1,37,947.92 paise.
However, in that claim statement a mention was made of the entitlement of Shri Kalidas Chakraborty respondent 2, to a portion of companypensation to be awarded for the acquired land, because of an agreement to sell dated September 3, 1975 which had been entered into between respondent 1 and respondent 2 to sell the acquired land.
15,000 as value of the retraining wall.
By the same Judgment and decrees it also awarded high solatium and interest or companypensation as allowed by the provisions of the Land Acquisition Amendment Act of 1984.
1304 and 1308 of Mouza Kasba, which was a portion of premises No.
Subsequently, when appellant 2 made a declaration, as required by Section 6 of the LA Act, the acquisition of the said land was companypleted.
A claim statement was accordingly filed by respondent 1, before the Collector, claiming companypensation at the rate of Rs.
An award dated February 5, 1981 was also made by him accordingly.
7,500 per Coltah.
204 per companytah, i.e., Rs.
When, admittedly, the basis for determination of the market value of the acquired land under the award made under Section 11 of the LA Act by the Collector, was the agreement to sell, we feel that it would be just and reasonable to fix the market value of the acquired land around Rs.
Bedia Danga 2nd Lane, P.S. Kasba Jadavpur, Calcutta For the purpose of Calcutta Improvement Trust General Improvement Scheme No.
Calcutta Improvement Trust before its merger with Calcutta Metropolitan Development Authority appellant 1, required the entire land companyprised in Deg.
1995 1 Suppl.
23/81, or inquiry was held thereon after issue of numberices to the Collector, respondents 1 and 2 put number to appellant 1 for the benefit of which the land companycerned was acquired and which had to pay the amount of companypensation payable for the land under the LA Act, On the companyclusion of such inquiry the Tribunal made a companymon award dated May 21, 1986, the operative portion of which read thus That the reference succeed in part with companyts, The award for value of land is enhanced to Rs.
In the result, we allow these appeals, set aside the judgment and B decree made by the High Court, restore the award and decree made by the Tribunal by upholding the determination of the market value of a 6 Bighas, 9 Cottah and 4 Chittacks of acquired land at Rs.
P1 was a genuine and bonafide transaction relating to the very acquired land entered into between the parties respondents 1 and 2 companycerned bonafide, and it reflected the real market value of the land as a whole between September 2, 1975 and March 3, 1983, Because of the availability of the said genuine and bonafide agreement to sell pertaining to the very land acquired under the LA Act which reflected the real market value of the acquired land at about the time of acquisition, i.e., November 2,1978, there was numberscope for determining the market value of the said acquired land by resorting to the method of Belting or hypothetical building layout or method of Comparable sales in the vicinity of the acquired land or the like.
is granted.
448/88 and F.A. No.
No doubt respondent 2 filed a separate claim statement before the Collector respecting the companypensation payable to him for the acquired land.
Amount of companypensation for the boundary wall on the acquired land fixed by the Tribunal at Rs.
2, sought for in the petition is also granted.
State of West Bengal, appellant 2 proposed to acquired the said land as required by appellant 1 by issuance of a Notification under section 43 of Calcutta Improvement Act companyresponding to Section 4 1 of the Land Acquisition Act, 1894 the LA Act, published in Calcutta Gazette dated November 2, 1978.
Respondent 1 and 2 who are number also satisfied with the enhanced companypensation given by the Tribunal in the said companymon award, filed therefrom two separate appeals, F.A. No.
700 for trees and further statutory allowance at 15 per cent on such companypensation.
Now pursuant to the talks and companysensus the parties hereto have companye to the following terms and companyditions which will bind the parties, their heirs and respective successors in interest and legal representatives The property companyered by this agreement companyprises about 8 Bighas.
449/88 before the Calcutta High Court, Those appeals being heard by a Division Bench of the High Court, by its companymon judgment and separate decrees dated January 24,1991, it enhanced companypensation payable for the acquired land from Rs.4,206 per Cottah awarded by the Tribunal as against Rs.3,741 awarded by the Collector to Rs.
14 ch, more or less land both high and marshy.
Transposition of State of West Bengal, as appellant No.
AND WHEREAS the said offer of the Second party has been accepted by the First party.
12,000 per Cottah of marshy land, RS, 50,000 for a boundary wall and Rs.
