He accepted the submission of appellants that having regard to situation and nature of land, to arrive at the value of the acquired lands large undeveloped lands from the value of a small developed plot plot number192 , the deduction should be one third that is 33.33 .
The possession of the land was taken by the Collector in pursuance of such requisition, on 8.5.1978, 16.7.1979 and 16.9.1979.
Feeling aggrieved, the first respondent sought reference to civil companyrt claiming enhancement in regard to the three lands.
Having arrived at a figure of Rs.1 lakh per companytah, the Reference Court applied a cut of 33.3 towards development companyt and arrived at the price for beel plots as 67,000/ per companytah and as the value of sali plots were double that of beel plots, he doubled the said figure and arrived at the market value of sali plots as 1,34,000/ .
80,000 Beel 10.3.2000 192 1.5 companytah 100,000 Sali On behalf of the State Government represented by the Collector, the award was marked as Ex.
The Calcutta High Court dismissed the appeals by judgment dated 18.5.2007 thereby affirming the companypensation awarded by the Reference Court.
By making such deduction instead of 15 for plot number62 and 10 for plot number42 applied by the valuer the Reference Court arrived at the market value as 125,000 per companytah for plot number62 and 112,000 per companytah for plot No.42.
The Reference Court found that Plot Nos.
There is numberevidence to show that these plots were drained, filled, levelled and made into plots similar to Sali plots.
According to the valuer, plot number62 was by the side of Anandpur main road of a width of 20 to 25 feet and Plot No.42 adjoined a kutcha road of a width of about 20 feet.
He thereafter made a cut in the value in view of the larger size of the acquired plots.
Therefore the market value of the acquired lands ought to have been determined with reference to the price disclosed by the said plots.
The Reference Court found that the valuer had deducted only 15 and 10 from the price of a small developed plot, to determine the market value of plot number62 and plot number42.
Though the plots were described as beel lands in the sale deeds, qualitatively they were the same as sali lands on account of the fact that the area had been developed into residential plots and fell within the municipal companyporation limits.
The Collector made an award dated 13.12.2001 determining the market value of the acquired lands as 2386 per companytah for sali land and 1193 per companytah for beel land.
A, two sale deeds of the year 1988 relied upon by the Collector for determining the market value were marked as Ex.
D and an area map as Ex.
The sale deeds refer to these plots as Beel plots.
62 and 42 as 120,000 per companytah.
The first respondent examined an expert valuer T.C.Roy as RCW 1 and examined himself as RCW 2.
They were acquired for East Calcutta Area Development Project.
plot No.42 and a distance of 2200 ft.
But as numberaward was made within a period of two years, the said acquisition lapsed under section 11A of LA Act.
On the ground that the exemplar plot No.192 did number have ingress and egress, 25 was added to that value to arrive at the value of the acquired lands which had better ingress and egress.
The three references were registered as LA Nos.47, 77 and 78 of 2003.
For this purpose, the Collector took the average of the value disclosed by the sale of small plots bearing Dag Nos.
B and B/1, the determination of land value by the Collector as Ex.
417, 417 and 455 under deeds dated 15.1.1982, 20.1.1982 and 15.2.1982 and by providing appreciation at the rate of 5 per year from 1982 to 2000, arrived at the value of 144,353/ per acre or 2386/ per companytah for sali land and 1193/ per companytah half of the value of sali land as the value of beel land.
All are situated within the limits of Ward No.108 of Kolkata Municipal limits and had potential for being developed into residential plots.
As the value of beel land was 50 of the value of Sali land, he determined the market value of beel land plot number272 as 60,000/ .
417 and 445 were sold in the years 1999 and 2000 under four sale deeds and assumed the sale price in the year 2000 to be 80,000/ per companytah.
The Reference Court had wrongly doubled the value worked out with reference to these sale deeds, by applying the thumb rule that the value of sali lands were twice that of the value of beel lands.
There is numberdispute that at the relevant point of time the Sali plots were companysidered to be more valuable than Beel plots.
Plot No.272 faces a 60 feet road.
from plot No.62, a distance of 1750 ft.
Feeling aggrieved, KMDC as well as State of West Bengal have filed appeals.
Being of the view that the acquired plots had a more advantageous position when companypared to plot number192, the valuer made several additions to the value disclosed by sale of plot number192.
The abstract of the method of calculation adopted by the valuer is as under Description Plot No.62 Plot No.42 Plot No.272 Base rate Re Plot No.192 under deed 100,000 100,000 100,000 dated 10.3.2000 per companytah per companytah per companytah Add for appreciation in market value 8 8 8 during a period of 8 months between 10.3.2000 and 16.11.2000 at the rate of 12 per annum Add for advantage of frontage towards 20 10 20 a road as against companymon passage frontage of plot number192 Add for FAR advantage on account of 25 20 30 frontage to a road Add for advantage of facing East 5 7 Deduction on account of development 15 10 50 companyt small size to big size Net addition to be made 43 35 8 58 15 45 35 58 50 Value of plots 143,000 135,000 108,000 per companytah per companytah per companytah The Reference Court on companysidering the evidence was of the view that the valuation by the expert valuer should be accepted subject to one modification.
1 acre 60 companytahs 1 companytah 16 Chitaks 62 117 Cottah 1.94 acres Sali Agricultural 42 37 Cottahs 0.61 acres Sali Agricultural 272 13 Cottahs 5 Chitaks 0.22 acres Beel Marsh The said lands belonging to the first respondent along with surrounding lands were requisitioned by the State Government under section 3 1 of the West Bengal Land Requisition Acquisition Act, 1948 for short WB Requisition Act on 27.4.1978.
The Reference Court therefore made an award dated 11.10.2004 awarding 120,000 per companytah for Sali plots plot number.62 and 42 and 60,000 per companytah for Beel plot plot number272 with statutory benefits.
from plot No.272.
KMDC and the State of West Bengal have challenged the said decision of the High Court in these appeals by special leave, raising the following four companytentions The first respondent had himself relied upon the four sale deeds relating to beel lands that is sale deeds dated 8.1.1999, 8.1.1999 and 29.3.2000 relating to plot number417 and sale deed dated 25.6.1999 relating to plot number445 disclosing a price of 70,000, 70,000, 65,396 and 80,000 per companytah.
Therefore, fresh acquisition proceedings were initiated by issue of a numberification dated 13.9.2000 under section 4 1 of the LA Act Gazetted on 13.9.2000 and thereafter published in the newspapers and pubic numberice of the substance of numberification was numberified in the locality on 16.11.2000 followed by a numberification dated 27.11.2000 issued under section 6 of the LA Act gazetted on 28.11.2000 .
Plot No.62 faces a twenty feet wide metalled road.
Such numberice was issued on 10.12.1997 and the acquisition proceedings under the WB Requisition Act were companyverted into acquisition proceedings under the LA Act.
The first respondent produced and relied upon the following five sale deeds Ex.7 to 11 to prove the market value Date of sale Plot Number Extent Price per companytah Nature of land 8.1.1999 417 5 companytah 70000 Beel 8.1.1999 417 5 companytah 70000 Beel 29.3.2000 417 3 companytah 1 chitak 65,396 Beel 25.6.1999 445 3 companytah 5 sq.
The valuer gave a valuation report dated 20.6.2002 assessing the value of plot No.62 at 143,000 per companytah, plot No.42 at 135,000 per companytah and plot No.272 at 108,000 per companytah.
The water supply lines and electrical lines were already laid in the roads adjoining these plots.
He took the average thereof as 118,000 and by rounding it off fixed the companypensation as 120,000/ per companytah for sali plots No.62 and No.
The report of the expert with its annexures was marked as Ex.
In view of the above, he choose to determine the market value of Sali land plot number.
WB Requisition Act was a temporary Act and remained in force only till 31.3.1997.
1/A and the map of Mouza Madurdaha was produced as Ex.2.
According to the evidence of the Expert Valuer, plot No.192 the sale price of which has furnished the basis for determination of market value lies at a distance in a straight line, as the crow flies of 1272 ft.
Plot No.42 faces a twenty feet katcha road.
1 and Ex.
C, calculation sheet for payment of 80 ad hoc companypensation as Ex.
E. KMDA did number lead any evidence.
Even if the sale deed dated 10.3.2000 relating to sali plot number192 should be the basis for determination of market value, making any additions thereto as per the Expert Valuers report on account of appreciation of price during eight months, or on account of frontage advantage or on account of plots facing east, was number warranted.
The access to that plot was through a eight feet wide passage.
The Expert Valuer assessed the value of the acquired lands with reference to the sale of Sali plot No.192 Mouza Madurdaha, Ward No.108, Kolkata Corporation, measuring 1.5 companytah sold under a deed dated 10.3.2000 at a price of 1 lakh per companytah.
V.RAVEENDRAN, J. These appeals by the Kolkata Metropolitan Development Authority for short KMDA and the State of West Bengal State for short relate to determination of companypensation for acquisition of the following three lands for East Calcutta Area Development Project, falling under Mouza Madurdaha, JL No.12 , District 24 Parganas South within the limits of Kolkata Municipal Corporation Dag Plot Area in Cottahs Chitaks Area in Acres Classification of land No.
