STATE OF BIHAR Vs. NIRMALA DEVI

JUDGEMENT

(1.) The State of Bihar has filed this First Appeal against the Judgment dated 17.11.1978 and the Award following thereupon signed on 28.11.1978 by Sri Aniruddh Prasad Sinha, learned 4th Addl. District Judge, Gaya in Land Acquisition Case No. 35 of 1977/150 of 1976, S.J.I., Nawadah allowing the applicant-respondent's application which was referred to by the Collector under Section 18 of the Land Acquisition Act.

(2.) According to the applicant-respondent, the original applicant No. 2, Gini Devi, had taken the Scheduled 'A' land in settlement from the ex-land lord prior to vesting of Jamindari and was coming in possession thereof. Within the said Scheduled 'A', land Khata No. 84 was recorded as 'Gair Majrua Malik land which changed its character and became Raiyatti land when she took it in settlement. After vesting the ex-land lord filed return showing her as raiyat of the entire Scheduled 'A' land, her name was mutated in the State Shrista and she continued in possession on payment of rent against the grant of rent receipts.

(3.) The further case is that the lands was partitioned between applicant No. 1, Nirmala Devi and applicant No. 2 Gini Devi. Applicant No.1 then applied for mutation and she was mutated in mutation case No. 181 of 1972-73 whereby 27.46 acre of lands of Khata No. 84 was recorded in her name which was shown in Scheduled 'A' of the application. Scheduled 'B' also came in possession of applicant No. 1, Nirmala Devi. Scheduled 'A' land were acquired by the State of Bihar and notification under Section 4(1) of Land Acquisition Act with respect to Scheduled 'A' land was served upon Nirmala Devi. Subsequently, notice under Section 9 and 12(2) of the Land Acquisition Act was also served on hr but the award was prepared only with respect to Scheduled 'B' land amounting to Rs. 126.50/-. It was contended that the Land Acquisition Department either arbitrarily shown short measurement of the lands acquired by her or dropped the lands of Khata No. 84 on wrong presumption of the same being recorded as 'Gair Majrua Malik' land and the Land Acquisition Department had arbitrarily assessed low valuation of the land acquired. The value of the lands acquired were not less than Rs. 10,000/- per acre which was prevailing market rate at the time of notification under Section 4(1) of the Land Acquisition Act. Because of acquisition of Scheduled 'A' land, the applicants claimed 5 per cent damage and also claimed Rs. 10,000/- as compensation on the ground of damaging the other lands of the applicants.