THAKUR KAMTA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal on the certificate under Article 133 (1) (a) of the Constitution against the judgment of the Patana High Court whereby the appeal of the respondent-State against the award of the learned Additional District Judge, Arrah was allowed in part and the amount of compensation payable to the respondent in a land acquisition case was reduced.

(2.) The respondent-State acquired 23.70 acres of the appellant's land out of plots Nos. 529 and 1262 appertaining to Khata No. 1 in village Tenduni in Shahbad district for the purpose of constructing an Irrigation Research Station. Notification under section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was first published on March 8, 1957, but this notification was cancelled on December 2, 1957. Another notification for the acquisition of the said land was issued under Section 4 of the Act on January 1, 1959. The land Acquisition Officer awarded compensation to the appellant at the rate of Rs. 3,000 per acre, besides certain other amounts with which we are not concerned. The total compensation awarded by the Land Acquisition Officer came to Rs. 86,070.92. The appellant got a reference made under Section 18 of the Act. Learned Additional District Judge, Arrah who disposed of the reference held the market value of the land to be Rs. 800 per katha. It is stated that there are 32 kathas in an acre. On appeal by the State the High Court assessed the market value of the land at Rs. 475 per katha.

(3.) In appeal before us, learned counsel, for the appellant has assailed the judgment of the High Court and has contended that the High Court was in error in reducing the rate at which compensation had been awarded. As against that, learned counsel for the respondent-State has canvassed for the correctness of the view taken by the High Court.