Wes:, Bengal Form No. 270
ORDER SHEET (RULE 129 OF THE RECORDS MANUAL, 1971) Order Sheet, dated from 13.05.2013 to 20.05.2013 District:- Nadia. Arbitration Case No. H-Arbt/9 of 2013 arising out of L. A. Case No. 1/LA/NHAI/Kali/10-11 Nature of the case :- Arbitration case.
Serial number and Order and signature of °facer. date of Order Note of action taken on Order. 1 Whereas it appears that 2[two] awardees of Palashi Monza, 13.05.13 J. L. No. 4 under P.S.- Kaligani, Dist.- Nadia have submitted applications under the .provisions of the National Highways Act, 1956 [48 of 1956] and The Arbitration and Conciliation Act, 1996 [26 of 1996] with a prayer for reconsideration of market value of land as acquired u/s 3D of the National Highways Act, 1956 and for determination of amount payable as compensation as actual market price. Now, therefore, the Assistant Commissioner, Presidency Division is ordered to arrange for issuing notices upon the applicants & all other materially interested parties fixing the date of hearing on 20.05.13 at 2:00 PM in the Conference Hall of Nadia Collectorate.
[Reena Venkataraman, 1AS] Divisional Commissioner, Presidency Division
Arbitrator u/s 30[5] of N.H. Act, 1956 2 20.05.13 Notices are duly served. Service returns are filed with the case records.
Dictated, Corrected and [Reena Venkataraman, 1AS] signed by me Divisional Commissioner, Presidency Division
Arbitrator u/s 3G[5] of N.H. Act, 1956
Divisional Commissioner, Presidency Division & Arbitrator u/s 30[5] of N.H. Act, 1956
Contd. P-2 DAArbitrator of NH Act1CD for passing order in Arbitration case Nadia\ Kali-Palashi[41doc
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number and Order and signature of Officer. Note of action taken Este of Order on Order. 3 The case record is filed before me for hearing. 20.05.13 On call all the applicant ave appeared & made their names registered in the attendance sheet with full signatures. They have made self representation. On the other side, the District Magistrate, Nadia and the Competent Authority, Nadia under the National Highways Act, 1956 and A.D.M [L.A], Nadia, the Project Director, N.H.A.I., PIU-Krishnagar and the A.D.S.R., Bethuadahari are found present. All the applicanstate that the rate allowed for ‘Palashi' Mouza, J. L. No. 4 is far below in comparison with the present market value of the acquired lands and as such they are being deprived of their legitimate compensation. They demand actual market price of the acquired land. The.. Ld. Competent Authority, N.H.A.I., Nadia & A.D.M [LA], Nadia is heard. He states that the rates of the acquired land in Palashi Mouza have been properly prepared on the basis of the available sale data of relevant & similar type of land. The Ld. A.D.S.R., Bethuadahari is asked to state the market value of the acquired lands on the date of Notification, i.e., 04.12.2009 in S.O. 3101[E] u/s 3A of the National Highways Act, 1956. He states that no sale data of the acquired land are found on the date of notification. On being asked he further states that market value [assessed value] of the acquired lands on and just after/before the date of notification abutting the National Highway — 34 in Palashi Mouza stands more or less Rs.70000/- [Rupees Seventy thousand] only against l[one] decimal of land. Under the circumstances it is observed that in determining the market value of lands to be acquired by Government, post notification transactions should not necessarily be ignored altogether. All transactions must be relevant which can fairly be said to afford a fair criteria of the value of the property as at the date of the notification. .On verification of the rate report alongwith final estimate it appears that the following procedure has been adopted in Dictated, determining the unit rate of all types of land by the Competent Corrected and Authority, under N.H. Act, 1956 and Additional District signed by me Magistrate (LA), Nadia. 1] The L. A. Case No. 1/LA/NHAIJKali/10-11 is involved with Palashi Mouza, J. L. No. 4, P.S.- Kaliganj, Dist.- Nadia 2] 361[Three Hundred Sixty One] nos. of sales executed during the stipulated period for 'MA' /'Aman' class of land have been kcollected from the concerned office of the A.D.S.R.. Accepted Divisional 10[ten] relevant type class of sale data to determine the fair rate Commissioner, payable as compensation on the average basis. Presidency 3] 281 [Two Hundred Eighty One] nos. of sales executed during Division & the stipulated period for `Bati'/Witi' class of land have been Arbitrator u/s collected from the concerned office of the A.D.S.R.. Accepted 30[5] of N.H. 10[ten] relevant type class of sale data to determine the fair rate Act, 1956 payable as compensation on the average basis.
Contd. P-3
CA A4%: rID VICO CLICCM".11:
timber and of Order Order and signature of Officer. Note of action taken 4) Among the accepted I Often] sale data, no sale is accepted as above on Order. and below of 200% over the average value. 5] Additional value added by 10% of the market value of land having the direct-road-connectivity with N.I-1-34. 6] Valuation increased by 25% of the market value of land for multi-crop land. 7) 30% Solatium on the market value of land [land value + structure value) 8] Additional compensation @ 12% per annum on the market value of land calculated from the date of notification u/s 3A of the National Highways Act, 1956 to the date of award on land and structure value.
After hearing the land losers it is agreed that a unitary rate for the acquired lands in the concerned Mouza is to be settled on arbitration. There is strong reason behind such decision because of the fact that all the lands abutting the N.1-1.-34 have the same potentiality and deserve to get same value irrespective of their present uses.
Now, under the circumstances as discussed above, the following matters are to be considered in determining the amount payable as compensation under sub-section [1] or sub-section [5] of section 30 of the National Highways Act, 1956.
A) The market value of the land, on the date of publication of the notification u/s 3A of the said Act on consideration of sale transactions of similar land on and before / after the date of notification [in the nearest past and nearest future]. B] Additional value added by 10% having the direct-road-connectivity with N.H-34. C] 25% of land value for multi-crop land. D] 30% Solatium on the market value of land [both land & structure value] E] Additional compensation @ 12% per annum on the market value of land calculated from the date of notification u/s 3A of the National Highways Act, 1956 to the date of award on land and structure value. On hearing it is observed that all agricultural lands in Nadia District are multi cropping in nature. Moreover the concept of land has undergone a revolutionary change by the West Bengal Land Reforms [Amendment] Act, 1981 which comes in to force retrospectively with Dictated, effect from 7th August, 1969 and wherein all inclusive definition of land xrected and is given, namely, land means land of every description irrespective of fined by me nature. The definition of land in, the said Amendment Act has brought a revolutionary change on the concept of land. The , customary division of land into two main categories, namely, agricultural and non- agricultural has been done away with and has lost much of its rationale, because of the technological innovations bringing radical change in land use. Hence underr the circumstances it is decided that 25% of land value for multi op land is to be added to all classes of land while determining the )'visional amount payable as compensation. mm iss ion er, After hearing the land losers and the Competent Authority under residency N.H.-Act, 1956 and A.D.M [L.A], and all the other interested parties, it kivision & is agreed that Rs.7000000/- [Rupees Seventy Lakhs ] only per acre will bitrator u/s be the basic rate of compensation for the acquired land in every [5] of N.H. description in Palashi Mouza, J. L. No. 4 for four Wang project of N.H- ict, 1956 34. All land losers have agreed to this award by the Arbitrator.
nn MT- TN et v..• el. • • •• •• Contd. P-4 ,iumber and Order and signature of Officer. ve of Order Note of action taken on Order. Hence it is ordered that Rs. 7000000/- [Rupees Seventy Lakhs I only per acre will be the basic rate of compensation for all types of acquired land in Mouza Palashi , J. L. No. 4 , P.S.- Kaliganj, Dist.- Nadia for foul laning project, of N.H-34 and the amount will also include all the additional values as already considered to be given to the land losers. This award will also be applicable to all the awardees in general in Mouza Palashi , J. L. No. 4 . The Collector, Nadia and the A.D.M.[L.A] & Competent Authority, Nadia under N.H. Act-1956 have also accepted this award. Hence the matter is closed today
Dictated, Corrected and signed by me [Reena Venkatararnan, Divisional Commissioner, Presidency Division
Arbitrator u/s 3G[5] of N.H. Act, 1956
Divisional Commissioner, Presidency Division & Arbitrator u/s 3G[5] of N.H. Act, 1956
FAArbi ORDER SHEE111Cali-Palashi[4).doc