The Reference Court then proceeded to value the land in various other methods.
10,360 p.k.
In the earlier case sale instances had been filed.
The requisition was challenged by filing Writ Petition No.
Not being satisfied the claimants filed a Reference under Section Neither party led any evidence of any sale instances.
An Award came to be passed on 16th September, 1986.
4,44,858.40p 3/8th 3rd Belt area 6.68 Kt.
on Deshpran Sasmal Road and a frontage of 845 ft.
The High Court has held that Reference Court having fixed companypensation on basis of earlier judgment companyld number have proceeded to companypute companypensation on any other basis.
However, it was only published in the locality on 5th of August, 1983.
The judgment sets out that Deshpran Sasmal Road had a width of 120 130 ft.
Both the parties relied upon the judgment dated 30th May, 1983 in L.A. Case No.16/1975 which was in respect of acquisition of an adjoining property belonging to the Golf Club.
on Baburam Ghosh Road.
850 of 1980.
The Reference Court also gave an appreciation of 10 for potentiality and further 10 for largeness.
Solatium at the rate of 30 was also awarded.
The Appeals against that decree were dismissed all the way to this Court.
11,260/ per companytah.
It then took an average of the figures arrived at by calculating in different figures and arrived at a figure of Rs.
In this Award, the price of land was fixed at Rs.10,940/ per companytah and for the structures a sum of Rs.5,65,726/ was awarded.
road, whereas Baburam Ghosh Road was a less wide road.
It was agreed that this property would be acquired by the State Government.
9,04,360/ .
Section 4 Notification was issued in July, 1982.
A sum of Rs.11,00,000/ was paid by the Government in advance of acquisition.
The Reference Court valued the property in various ways, one of which was to take the value as given in the judgment dated 30th May, 1983 for that portion of the acquired land which was farthest from the road.
13,813.33 P.K.5,70,490.52 1st Belt area 23.68 Kt.
At that stage, in order to help the film studio, the State Government on 24th December, 1979 requisitioned the property and took possession thereof.
The High Court directed that interest was payble from 8th December, 1986.
The present land has a frontage of only 170 ft.
Thereafter applying the belting method the value was arrived at on the following basis 1/2 3rd Belt area 42.94 Kt.
The owner had obtained a decree of eviction against the studio.
The Reference Court granted interest with effect from 24th December, 1979.
Briefly stated the facts are as follows It appears that in the companycerned premises there was a film studio.
Rs.16,29,178.92p The Reference Court then took into account the fact that the earlier acquisition was in respect of Notification dated 8th February, 1975 and gave an appreciation of 10 per annum for 9 1/2 years.
So was additional companypensation awarded at the rate of 12 from 5/8/1983 to the date of Award.
On 22nd May, 1985 the declaration under Section 6 was issued.
On 28th February, 1980 a settlement was arrived at between the State Government and the owner.
The Respondents filed cross objections in the High Court.
Thereafter execution proceedings were filed to evict the film studio.
27,000/ per companytach.
Thus for our purposes the relevant date would be 5th August, 1983.
As the Government was number taking any further steps, a Writ Petition was filed.
The Court companysidered those sale instances and after averaging the price of those sale instances companycluded that the value was Rs.
The Reference Court also increased the value of the structure to Rs.
Still number being satisfied, the claimants filed an Appeal in the High Court.
7,770 P.K. 51,903.60p 1/2 2nd Belt area recess 6.68 Kt.
on Baburam Ghosh Road.
The Reference Court thus arrived at the figure of Rs.
31,300/ per companytah.
The High Court by the impugned Judgment fixed the value of the land at Rs.31,300/ per companytah.
20,720 P.K. 4,90,649.60p Total 121.48 Kts.
Variava, J. These two Appeals are against the judgment dated 16th March, 2000.
