AHSANUL HODA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellant against the judgment and order of the Patna High Court dated 10.2.2011 by which the High Court reduced the compensation awarded to the claimant, by fixing the lower market rate of the land in question and set aside the part of the order passed by the Reference Court granting Rs.10,000/- towards damages of standing crops.

(2.) Certain lands in Mauja Mothabari, Thana Katoria, Pargana Sarohi, District Bhagalpur (now Banka) were acquired for the construction of the Orni-reservoir. Land measuring 3.54 acres of Khata No.111, Khasra No.2925 of same village belonging to the appellant was also acquired. The Collector by an award order dated 16.10.1984 fixed the compensation of Rs.6513.60 for the entire land based on market rate at Rs.16 per decimal. No amount was awarded towards damages of standing crops.

(3.) The Reference Court to which the claims of the land owners for higher compensation were referred, determined the market value as Rs. 250/- per decimal i.e. Rs. 25,000/- per acre. The Reference Court based its decision on two sale transactions submitted by the claimant dated 25.11.1980 and 16.10.1975 (Ext.1 and Ext.1/b) relating to sale of plots in the neighbouring area. Considering the fact that the sale deeds were related to small extent of land of nearby village and the acquisition was related to a larger extent, the Reference Court was of the view that certain percentage could be deducted while determining the value of the land in question. However, as sale deeds were of the earlier period, after such deduction, appropriate increase in the value of the land from the date of the sale deed to the date of the Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ) was made.