Kolkata Metropolitan Devt.Authority vs Gobinda Chandra Makal & Anr

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 cottah for sali land and ` 1193/- per cottah (half of the value of sali land) as the value of beel land. Feeling aggrieved, the first respondent sought reference to civil court claiming enhancement in regard to the three lands. The three references were registered as LA Nos.47, 77 and 78 of 2003.

4. The first respondent examined an expert valuer T.C.Roy as RCW-1 and examined himself as RCW-2. The report of the expert with its annexures was marked as Ex. 1 and Ex. 1/A and the map of Mouza Madurdaha was produced as Ex.2. The first respondent produced and relied upon the following five sale deeds (Ex.7 to 11) to prove the market value :

6. The Reference Court on considering the evidence was of the view that the valuation by the expert valuer should be accepted subject to one modification. 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 no.62 and plot no.42. He accepted the submission of appellants that having regard to situation and nature of land, to arrive at the 7 value of the acquired lands (large undeveloped lands) from the value of a small developed plot (plot no.192), the deduction should be one-third (that is 33.33%). By making such deduction (instead of 15% for plot no.62 and 10% for plot no.42 applied by the valuer) the Reference Court arrived at the market value as `125,000 per cottah for plot no.62 and ` 112,000 per cottah for plot No.42. He took the average thereof as ` 118,000 and by rounding it off fixed the compensation as `120,000/- per cottah for sali plots No.62 and No. 42.

7. The Reference Court also attempted an alternative method of determining the market value with reference to the four sale-deeds in regard to beel Plots Nos.417 and 445 and held that the valuation of acquired lands with reference to the said sales statistics would be approximately Rs.134,000 per cottah. The Reference Court found that Plot Nos. 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 cottah. On the ground that the exemplar plot (No.192) did not 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. Having arrived at a figure of Rs.1 lakh per cottah, the Reference 8 Court applied a cut of 33.3% towards development cost and arrived at the price for beel plots as ` 67,000/- per cottah; 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/-.

8. In view of the above, he choose to determine the market value of Sali land (plot nos. 62 and 42) as `120,000 per cottah. As the value of beel land was 50% of the value of Sali land, he determined the market value of beel land (plot no.272) as `60,000/-. The Reference Court therefore made an award dated 11.10.2004 awarding `120,000 per cottah for Sali plots (plot nos.62 and 42) and ` 60,000 per cottah for Beel plot (plot no.272) with statutory benefits. Feeling aggrieved, KMDC as well as State of West Bengal have filed appeals. The Calcutta High Court dismissed the appeals by judgment dated 18.5.2007 thereby affirming the compensation awarded by the Reference Court.

These sale deeds disclosed that three portions of Plot No.417 measuring 5 cottah, 5 cottah and 3 cottah 1 chitak were sold under sale deeds dated 8.1.1999, 8.1.1999 and 29.3.2000. The price per cottah under the first two sale deeds is ` 70,000/- per cottah and under the third sale deed is about `65,400/- per cottah. The fourth sale deed dated 25.6.1999 relates to sale of 3 cottah and 5 sq.ft. in plot No.445 which discloses the price paid as ` 80,000 per cottah. The average of the four sales would be about ` 71,350 per cottah. According to the appellant though these plots were described as Beel lands because they were originally classified as `Beel', they were no longer Beel, but were developed and sold as residential plots, and situated in the 11 limits of Ward No.108 of Kolkata Municipal Corporation. Therefore, they were no different from the plots laid down in Sali lands. Consequently, it was submitted that the value of these residential plots should be treated on par with the plots laid in Sali lands and their value could not be considered as half of the value of Sali lands. The appellants contend that though the Reference Court considered these sale deeds, it erroneously doubled the value disclosed by these plots to arrive at the value of Sali plots merely because they were described as Beel lands. According to the appellant, once the Beel lands are developed into residential plots by drawing, filling and levelling, the value of Sali plots and Beel plots are the same. Therefore, it is contended that on the basis of these sale deeds, the prevailing value of residential plots in the area ought to have been taken as `71,350 per cottah and by deducting one-third (33.33%) therefrom towards development, the value of the acquired lands irrespective of whether they are Sali or Beel, should be fixed as ` 47,570 per cottah.

Re : Contention (iv)

Re : Relevant date for determining compensation

Justice G.P. Singh's Principles of Statutory Interpretation - 12th Edition -

Conclusion

26. In regard to plots 62 and 42, by adopting a cut of 33.33% from the price of Rs.100,000/- disclosed with reference to the sale of sali plot no.192, we determine the compensation as Rs.66,667/- rounded off to Rs.67,000/-

per cottah.

28. In view of the above, we allow these appeals in part and reduce the compensation to ` 67,000/- per cottah for plot nos.62 and 42 and maintain the compensation at the rate of ` 60,000/- per cottah in regard to plot no.272. The first respondent will be entitled to the statutory benefits, that is, solatium, additional amount and interest in accordance with the provisions of the LA Act. The appellants will be entitled to adjust the advance payment made with interest thereon at 15% PA from the date of such payments to 13.9.2000 towards the compensation payable. Parties to bear their respective costs.