STATE OF BIHAR Vs. BIBI ANISUNISA

JUDGEMENT

(1.) This First Appeal has been filed by the State of Bihar under Section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 21 .02.1978 passed by Shri R.C. Ram, the learned Sub Judge-II, Patna in Land Acquisition Case No. 114 of 1966 allowing in part the reference under Section 18 and enhancing the compensation awarded by the Land Acquisition Officer.

(2.) The facts for the purpose of this First Appeal in brief is that the land measuring 0.605 Acres which were comprised within Plot No. 813 & 814 of village-Ranipur, P.S. Kotwali, District-Patna belonging to the respondents, Anisunisa Begum were acquired by State of Bihar by Notification No. 385/8 dated 16.05.1963. The compensation amount of the said land was fixed at Rs. 32,000/- per Acre i.e. Rs. 22,254/- for the acquired land measuring 0.605 and award was made. The claimant/respondent objected the compensation amount and requested the Collector to refer the matter under Section 18 of the Land Acquisition Act.

(3.) After the reference Under Section 18, the said Land Acquisition Judge by the impugned judgment, found that the compensation paid by the State of Bihar is considerably low and fixed the rate at Rs 3500/- per Katha and, therefore, the compensation was enhanced to Rs 55619.75.