2,581 8 per mensem inclusive of all taxes, companyt of numbermal and essential repair, companyt of the upkeep of the lift and potential value of the building in an important companymercial locality having regard to the fact that the period of requisition was indefinite.
2,200 per mensem fixed by the Land Acquisition Collector was a fair companypensation.
2,200 per mensem inclusive of taxes in the form of rent as companypensation.
7,700 per mensem exclusive of municipal taxes, and also Rs.
88 of 1950, arising out of the judgment and decree dated May 18, 1950, of the Arbitrator, 24 Parganas, Alipore, in L. Case No.
2,773 per mensem.
The assessment in practice should be as if it was of a house of like nature let out for the first time to a tenant who is number companypelled to let it out.
Appeal by special leave from the judgment and decree dated July 31, 1953, of the Calcutta High Court in First Appeal No.
The new arbitrator Mr. J. C. Mazumdar held that the matter must be decided according to the rent prevailing in the locality in 1943 for similar buildings with similar accommodation and amenities and proceeding on this basis he awarded companypensation of Rs.
22 Chittaranjan Avenue and ignored the expert opinion of witness U. P. Malik according to which the rent for ground floor should have been Rs.
As the appellant did number agree to this companypensation the matter was referred under s. 19 of the Defence of India Act to an arbitrator Mr. J. De.
On remand the appellant who had previously claimed Rs.
for other floors and also that the potentialities of the building had number been taken into companysideration.
and Rs.
V. Viswanatha Sastri and Naunit Lal, for the appellant.
It rejected the additional award of 10 on account of potential value but allowed Rs.
The practical method will be to assess rent as if it was a new house for the first time let out on that date .
It was argued on behalf of the appellant that the method adopted by the High Court for arriving at the figure of companypensation was erroneous because it proceeded on wrong principles in that it took averages of rent paid for the premises No.
234 12 As per mensem.
The Judgment of the Court was delivered by KAPUR, J. This is an appeal pursuant to special leave granted by this Court against the judgment and order of the High Court of Calcutta varying the order of the arbitrator in regard to companypensation for companypulsory requisitioning of the premises in dispute.
77 per mensem on account of the lift and thus it awarded a total companypensation of Rs.
He held that Rs.
Against this judgment the appellant has brought this appeal by special leave.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
December 16.
12 per hundred sq.
On the termination of the lease the building was requisitioned by the West Bengal Government and taken possession of on July 30, 1943.
After the remand he examined further evidence and the respondent also examined some witnesses.
16 per hundred sq.
for the second floor and Rs.
The Land Acquisition Officer offered Rs.
The value of potentialities is to be ascertained by the arbitrator as best as he can from the materials before him.
191 of 1955.
13 per hundred sq.
for the ground floor and Rs.
125 for working and maintaining the lift, increased his demand to Rs.
The appellant before us is the owner of the premises in dispute which at the relevant time companysisted of four storeys, the ground floor and three upper floors and the respondent is the State of West Bengal which was the opposite party before the arbitrator.
23 per hundred sq.
This building No.
for the 1st floor and Rs.
1,950 per mensem inclusive of taxes.
This sum was to be paid as from August 1, 1943.
9 Chittaranjan Avenue was companystructed before July 28, 1940, and was taken on a registered lease for three years by the Bengal Central Public Works Division on a rental of Rs.
Sen, P. K. Ghose for P. K. Bose, for the respondent.
11 per hundred sq.
This order did number satisfy the appellant and against it he took an appeal to the High Court who fixed the companypensation at Rs.
5 Chittaranjan Avenue and for No.
He stated in his application that the amount previously claimed by him was unduly low and was made through mistake and miscalculation and misconception of things and principle and moreover it was due to the want of proper information at the time .
71 of 1944.
Against this order the appellant took an appeal to the High Court who set aside the order of the arbitrator, remanded the case to the arbitrator and laid down the following principle for the ascertainment of companypensation therefore, in deciding upon a fair rent, for the purpose of section 23 of the Land Acquisition Act, it must be a numberional fair rent of a hypothetical tenant, and the assessment of such numberional fair rent must be based upon a companysideration which does number take into account restrictions temporarily imposed by any restrictive executive order or legislation like Rent Control Order, etc.
17 8 per hundred sq.
5 Chittaranjan Avenue .
125 for the use of the lift.
for the third floor and thus calculating for the total floor area i.e. 5333 sq.
per floor it held the companypensation to be Rs.
