STATE OF BIHAR Vs. JAFER ALAM

JUDGEMENT

(1.) This First Appeal has been filed by the State of Bihar against the judgment and award dated 19.09.1994 passed by Sri J.P.Singh, the learned Subordinate Judge-cum-Land Acquisition Judge, Muzaffarpur in Land Acquisition Case No. 263 of 1981.

(2.) It appears that for the purpose of extension of North Bihar Industrial Area, Bela Chapra, Muzaffarpur, the lands of this respondent along with others were acquired and the notification under Section 4 of the L.A. Act was published on 01.03.1979. Three awards were prepared by the Land Acquisition Officer. This respondent and other claimants being dissatisfied with the award of the Collector filed objection under Section 18 of the L.A. Act and the said objection were referred to the Land Acquisition Judge. Three Land Acquisition Cases were initiated being Land Acquisition Case No. 253 of 1981, 263 of 1981 and 260 of 1981. By this common judgment, the Land Acquisition Judge enhanced the compensation regarding the lands of the respondents and other claimants. The State of Bihar filed three First Appeals being First Appeal No. 582 of 1995, 583 of 1995 and this present First Appeal No. 584 of 1995. Out of these three First Appeals, two First Appeals being First Appeal No. 582 of 1995 and 583 of 1995 have been dismissed for default. This First Appeal arises out of Land Acquisition Case No. 263 of 1981. The lands of the respondent measuring 1.13 acres comprised within survey plot no. 89 has been acquired. The Collector prepared award no. 22 fixing the compensation for the acquired land of the respondent at Rs.2144.20 paise only. The Land Acquisition Judge by impugned judgment and award fixed the market value of the lands acquired at the rate of Rs.1,000 per decimal.

(3.) The learned counsel for the appellant submitted that the acquired lands were orchard land and therefore, the Land Acquisition Officer has rightly awarded the compensation to the owners but the learned Land Acquisition Judge has wrongly applied the earlier judgments passed by the Land Acquisition Judge relating to other lands and has enhanced the compensation. On this ground, the learned counsel submitted that the impugned judgment and award are liable to be set aside.