Y P BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The original claimant was Keshri Prasad who had filed this appeal against the judgment and award dated 18.2.1993 passed by Sri Y.P. Bhagat, Sub Judge " II, Arrah in Land Acquisition Case No. 4 of 1987. During the pendency of this appeal he died and his legal representatives have been substituted in his place, who are appellants.

(2.) It appears that 1.86 acres of lands of the claimants-appellants comprising within plot Nos. 363, 364 and 447 within Khata Nos. 42, 43 and 39 were acquired by the State of Bihar for the purposes of constructing Bandh to prevent flood. The said lands were acquired in Land Acquisition Case 5/5 of 1983-84 and notification under Section 4 was notified in Gazette on 30.9.1983. Award No. 7 was prepared in the name of Keshri Prasad for Rs. 13,368.75 paise including the soletium and interest. The claimants-appellants filed Mungeshwar Sahoo, J. application under Section 18 of the Land Acquisition Act praying for enhancement of the compensation on the ground that the market value of the land acquired was Rs. 40,000/- per acre on the date of acquisition. The said application was referred by the Collector to the civil court.

(3.) Both the parties adduced oral as well as documentary evidences regarding the market value of the land acquired. After considering the evidences available on record the learned Land Acquisition Judge found that the village is flooded area and that the land itself was acquired for protection from flood by constructing a Bandh and further that the claim of valuation made by the plaintiff is not sustainable and accordingly, dismissed the claim of the appellants.