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The learned Land Acquisition Judge (in short L.A. Judge) modified the award passed by the LA Collector Burdwan by enhancing the market price of the acquired land of the petitioners from Rs.6000/- to Rs.8000/- per satak for Sali class of land.

The present appellants are the successor-in-interest of the original requiring body.

Briefly stated, vast acres of land measuring about 555.895 in the district of Burdwan situated at Mouja Srikhanda, Debkunda and Kashigram, P. S. Katwa was acquired on divers dated upon publication of Notifications under Section 4 of the Land Acquisition Act, 1894 for the purpose of Katwa Thermal Power Project. The land was acquired by the State of West Bengal for and on behalf of West Bengal Power Development Corporation Limited (In short "WBPDCL"), the original Requiring Body.

The learned Counsel has submitted that the learned trial Judge upon consideration of the documents exhibited on behalf of the land owners have noted that all the documents exhibited are in respect of land situated near Burdwan-Katwa Road and they are all within 600 ft. from the Burdwan-Katwa Road whereas a vast area is beyond 600 ft. and accordingly, there is a need to decide the compensation amount separately for land situated within 600 ft. and land situated beyond 600 ft. Mr. Bera has submitted that in Viluben Jhalejar Cortractors v. State of Gujarat reported at 2005(4) SCC 789 the Hon'ble Supreme Court in paragraph 20 of the report has laid down the guide lines to be followed in assessing the market value. The said decision has pointed out in great detail the plus and minus factor to be taken into consideration in assessing the market value.

Mr. Bera has submitted that if the Comparable sale deeds i.e., Exhibit 1, 2, 3 and 5 are placed in juxtaposition to the acquired lands of the respondents, it would appear that comparable sale deeds are situated near to Katwa- Burdwan Road but acquired lands are situated far away from the road and the findings of the learned LA Judge supports the same. It is the finding of the learned LA Judge that all Exhibits 1, 2, 3 and 5 are situated near the Katwa- Burdwan Road. The learned LA Judge also observed that "I do not find from Map (Ext. F) about the actual location of the lands but it appears from material on record that the land is situated in same Mouza Srikhanda".

708. That apart, it is on the record that the L.A. Collector itself has made no deduction on this count so the appellant cannot claim any deduction in assessing the market value.

On the basis of the aforesaid submission and the evidence on record the objection raised by the appellant with regard to the compensation amount assessed by the learned LA Court at Rs.8,000/- per Satak for Sali class of land is to be considered.

The facts are not in dispute.

The principal argument of the appellant is that the learned trial judge after having taken into consideration that the sale deeds relied upon by the award holders are all adjacent to the Burdwan-Katwa Road could not have relied upon the said valuation in determining the market value of the lands situated beyond 600 feet. The lands that are adjacent to Burdwan-Katwa Highway admittedly are of a higher value than the lands situated away from the highway and beyond 600 feet.