Full Judgment Text
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PETITIONER:
THE STATE OF WEST BENGAL
Vs.
RESPONDENT:
LOHIT KUMAR ROY
DATE OF JUDGMENT: 24/07/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (5)543
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Notification under Section 4(1) of the Land Acquisition
Act, 1894 [for short, the "Act"] initially was published on
May 25, 1956 acquiring a huge extent of 985.95 acres of land
for industrial purpose in Durgapur. It would appear that
subsequently the notification got lapsed. Consequently, the
second notification came to be published on August 10, 1964.
The Land Acquisition Officer determined the compensation @
Rs.2,310/- per acre. In this case, we are concerned with the
extent of the lands in 5 plots Sri in survey Nos.710, 735,
762, 824 and 912 of an extent of 0.33, 0.11, 0.63, 0.13 and
0.49 acres respectively. The reference Court enhanced the
compensation Rs.1,45,000/- per acre relying upon Ext. 1(d)
dated April 24, 1964. It is settled law that the similar
lands were of large extent involved for acquisition and or
evidence relied upon, even the High Court has doubted the
genuineness of this document. It is scated by the learned
counsel for the appellant that this document came to be
executed between the parties who are claiming higher
compensation. It would be obvious that after the first
notification was issued and before the second notification
came to be published this document was brought into
existence to inflate the market value. Under these
circumstances, the High Court in another case was well
justified in doubting the correctness of it. Unfortunately,
except that document, there is no other evidence for
enhancement of the compensation. But in view of the fact
that large extent of the lands are involved and we do not
have the advantage of any other evidence or assistance from
respondents, we are not inclined to confirm the award of the
Collector. under these circumstances, we set aside the award
or the Court and the High Court and remit the matter to the
reference Court to decide the compensation afresh on the
basis of the evidence vis-a-vis any other reference pending
before it having similar facts and decide the matter
according to law.
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The appeal is accordingly allowed, but, in the
circumstances, without costs.