with effect from October, 1,1942 to April 15, 1955.
A Division Bench of the High Court of Calcutta by its order dated 1114 10.10.1969 dismissed the appeal preferred by the Union of India and allowed the claimants cross objection by enhanc ing the companypensation to a sum of Rs.
Thus in all the High Court held that the claimants were entitled to a sum of Rs.13,67,550 as recurring companypen sation.
The 1116 High Court awarded interest on the aforesaid amount at the rate of 4.5 per cent per annum for 27 years with effect from October 1, 1942 to October 1, 1969.
There was a building standing on the land, some quantity of extracted gravels and building material was stacked near the building.
Thus the claimants are enti tled to recurring companypensation of Rs.25,650 per year in respect of sal forest, agricultural land, tank and mango trees.
The Union of India preferred appeal before the High Court against the Arbitrators award, the claimants also preferred cross objection to the appeal.
In appeal High Court held that claimants were entitled to terminal companypensation as well as to recurring companypensa tion.
On this assumption it held that the claimants companyld have exca vated 10,00,000 cft of Mooram per year and the same companyld be sold at the rate of Rs.1 per 100 cft.
The total area of the requisitioned land was 199.04 acres, out of which an area of about 176.91 acres was full of jungle and forest companytaining various kinds of trees including Sal trees.
was rejected by the Arbitrator on the ground that the claim ants were denied use of the bungalow, so he awarded as recurring companypensation on rental basis.
Before the Arbitrator the State urged that the claimants were number entitled to any recurring companypensation as their right, title and interest in the property vested in the State of West Bengal on 15.4.1955 under the provisions of the Bengal Estates Acquisition Act, 1953.
Both the appeals were companysolidated, heard and are being disposed of by this Judgment.
The Defence of India Act 1939 and the Rules framed thereunder expired on September 30, 1946, but the requisition of the property companytinued under the provisions of the Requisition Land Continuance of Powers Act 1947.
The Arbitrator rejected the States plea and determined companypensation on the assumption that claimants companytinued to be owners of the property.
18,74,089.75 as companypensation to the claimants.
Subsequently, the 1947 Act was replaced by the Requisitioning and Acquisition of Immov able Property Act, 1952 which companytinued the requisition of property, made before the companymencement of the Act.
It further awarded interest at the rate of 4.5 per cent per annum on the aforesaid amount for a period of 27 years.
For determin ing fair companypensation the Arbitrator categorised the claims so raised under six different heads 1 Homestead 2 Trees timber, wood and fuel 3 Culturable land including lands cultivated after reclamation 4 Furniture and other movables within the homestead area, 5 Morams excavated from the land and 6 other underground deposits like companyoured clay etc.
K. Banerjee and N.R. Choudhary for the Respondents in A. No.
From the Judgment and order dated 10.10.1969 of the Calcutta High Court in Appeal from Original Decree No.
The High Court has awarded recurring annual companypensation to the claimants for the underground deposits of Mooram and companyoured Clay.
As regards terminal companypensation it held that the claimants suffered total loss on account of the destruction of property which included bungalow Rs.15,000 furniture in bungalow Rs.500 , building material stacked on the ground Rs.14,500 , Sal timber destroyed Rsl,60,000 , moorams kept on surface Rs.3,000 and fuel wood destroyed Rs.7,300 .
The remaining area was occupied by tank, homestead, road danga and about 50 bighas was culti vated area.
18,74,089.75 for the period 1.10.1942 to 1.10.1969.
Thus in all a sum of Rs.2,00,000 was awarded as terminal companypensation to the claimants in respect of the aforesaid items.
2050 of 1974.
The Arbitrator by his order dated Septem ber 10, 1950 awarded a sum of Rs.444,591 as companypensation to the claimants.
On that basis of claimants companyld have derived income of Rs.10,000 each year.
Aggrieved the Union of India has preferred this appeal C.A. No.
Thus in all the High Court awarded a sum of Rs.
They further asserted that the entire land had Sal trees which companytained valuable timber and forest yielded fuel wood.
a period of 10 years from 160 acres.
The claimants stated that they had been extracting and selling minerals and Nirode Kanta Sen had built a homestead and also kutcheary on a portion of the land, and building being one storeyed three roomed bungalow made of brick walls and cemented floors.
Burdwan, claiming a sum of Rs.1,83,432 as companypensation for the property requi sitioned from him.
Nirode Kanta Sen the owner of the property, predecessor ininterest of the claimants sub mitted a claim petition to the Collector.
2050 N of 1974 and 1026 N of 1975.
2050 of 1974.
1026 of 1975.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1942 to 1952 .
Sukumar Basu for the ReSpondent in C.A. No.
2050 of 1974 and the claimants have also filed appeal before this Court by spe cial leave being Civil Appeal No.
Initially the period of requisition was to expire after three years from the date of companymencement of the 1952 Act but by subse quent amendments the period of requisition was extended.
Later he made another petition claiming further companypensation.
and the total claim raised by him amounted to Rs.2,40,720.
The Judgment of the Court was delivered.by SINGH, J. These two appeals are directed against the judgment of the High Court of Calcutta dated 10.10.1969 awarding a sum of Rs.18,74,089.75 aS companypensation to the claimants.
K. Chatterjee, and Rathindas for the Appellants in A. No.
As there was extreme urgency, the authorities took possession of the property on 1, 10.1942 and to regularise the possession the Collector of District Burdwan, West Bengal issued order on 8.6.1943 under subrules 1 2 and 5 of Rules 75A of the Defence of India Rules 1939 framed under the Defence of India Act 1939 requisitioning the property.
In their statement of claim the claimants stated that they had Patni right in respect of 8 annas and 12 annas share in Mouza Brindabanpur, under a deed of lease in respect of Patni taluk which companyferred right to excavate and prospect minerals including stone chips and clay and moorams.
1113 C. Majumdar, P.B. Chatterjee, A.K. Sen and N.R. Choudhary for the Appellants in C.A. NO.
It appears that Nirode Kanta Sen died, thereafter his two sons, namely, Mihar Kanta Sen and Nirmal Kanta Sen and his widow Smt.
303 of 1961.
On these allegations companypensation was claimed for cultivated land including land cultivated after reclamation, trees, timber wood and fuel wood, homestead including build ing and fixtures furniture and other movables within the homestead area and mooram and other underground deposits including companyoured clay.
Hiranmoyee Debi were brought on record.
The claimant was number satisfied with the amount offered to him he applied for reference, at his instance District Judge, Burdwan was appointed Arbitrator to determine the companypensa tion, Nirode Kanta Sen and the State both produced evidence before the Arbitrator.
1026 of 1975 .
During the second World War the property in dispute which companysisted of an area of 199.04 acres of land situate in village Brindabanpur, District Burdwan in West Bengal was requisitioned by the Collector for the purpose of companystruc tion of a military aerodrome.
It was further stated that Wirode Kanta Sen intended 1115 to build a farm house on the land and a factory for the purpose of developing the business of manufacture of bricks from the sub soil clay of very good quality available in the area in dispute.
The requisitioned land was companytinued in the occupation of the State and it has number been acquired under the provi sions of the Land Acquisition Act, 1894.
2026 of 1975.
The Special Land Acquisition Col lector, Burdwan after making inquiry and local inspection, awarded a sum of Rs.11,878.50 as recurring companypensation to the claimant for 1349 to 1359 B.S.i.e.
Nirode Kanta Sen used to sell sal, murgas as timber and also used to sell fuel wood as produce of the forest.
