PARKASH KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the High Court of Judicature at Patna on 16/4/2010 in the First Appeal wherein award passed by the Reference Court on 5/1/1994 was upheld and the appeal was accordingly dismissed.

(2.) The process of land acquisition was initiated vide notification under Sec. 4 of the Land Acquisition Act, 1894 (for short, ..the Act..) on 1/3/1987. The Sec. 6 notification was published on 9/3/1987. The Land Acquisition Officer in its recommendation dtd. 20/4/1987 recommended the market value of the land as Rs.1,64,772.00 per acre. However, the Additional Collector in its award dtd. 24/4/1987 considering the recommendations of the Land Acquisition Officer assessed the market value at Rs.86,000.00 per acre.

(3.) The land owners being aggrieved of the award sought reference under Sec. 18 of the Act. The Reference Court dismissed the claim of enhancement on the ground that the land owners had consented for the grant of compensation at the amount awarded by the Land Acquisition Collector. The Reference Court however allowed a sum of Rs.2000.00 per acre as severance charges. Thereafter, the landowners filed first appeal, which was dismissed by the High Court. The said order is the subject matter of challenge in the present appeal.