Smt. Gayatri Keshari And ORS v. Land Acquisition Collector,Birbhum

12.12.2025 Court No.13 Item No.12 AP FA 413 of 2008 Smt. Aparna Keshri and Ors.

Vs.

Land Acquisition Collector, Birbhum Mr. Amar Kumar Sinha Mr. Sanjib Kumar Mukhopadhyay Ms. Nargish Parveen Ms. Prema Roy .... For the Appellants.

Mr. Supratim Dhar Ms. Reshma Chatterjee .... For the State.

1.

This appeal is directed against a judgement and/or order dated 24th November, 2005 passed by the Additional District Judge, 2nd Court, Suri, Birbhum in L.A. Case No.120 of 2002. The appellant had challenged an award before the Trial Judge under Section 18 of the L.A. Act alleging inadequate compensation for 22 decimals of land of plot No.676 acquired by the State for construction of Rampurhat Bus Stand.

2.

Admittedly, the Bus Stand is located near the Panagarh - Moregram National Highway within Rampurhat Municipality. It was argued before this Court that in respect of another plot of land being subject matter of FA 177 of 2004 (State of West Bengal Vs. Basudeb Singh and Ors.) another Coordinate Bench of this Court has upheld the enhancement of compensation from Rs.7,000/- per cottah to Rs.50,000/- per cottah.

3.

Learned counsel for the appellants has placed a map before this Court, which is taken on record, indicating his plot of land. Admittedly, the plot of land of the appellants is further away from the main expressway and much behind the plot of land which was subject matter of FA 177 of 2004. The fact, however, remains that the appellants' land acquired for the same purpose as that of the subject matter of FA 177 of 2004 namely construction of Rampurhat Bus Stand.

4.

Given the spiraling land rates from time to time and the position of the appellants' land being much behind the land which was subject matter of FA 177 of 2004, this Court is of the view that compensation at the rate of Rs.20,000/- per decimal is payable to the appellants instead of Rs.12,000/- per decimal as awarded by the Trial Court, would be just and reasonable.

5.

The appellants have already withdrawn a sum of Rs.2,20,573.58/- towards compensation paid without prejudice to their rights and contentions in the instant appeal.

6.

Let the compensation, minus if any sums already paid to the appellants, be paid to the appellants by the LA Collector at the rate of Rs.20,000/- per decimal.

7.

Let the aforesaid sum together with statutory interest and solatium, if not already paid in terms of the Trial Court's order, be paid to the appellants. 8.

The impugned judgment and/or order is modified accordingly.

9.

In view of the aforesaid directions, FA 413 of 2008 is disposed of.

10.

There shall be no order as to costs.

11.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)