URMILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the First Appeals have been filed by the respective land owners against the common judgment and award dated 21.01.1993 passed by Sri J.N.Sharma, Land Acquisition Judge, Biharsharif, Nalanda by which the Land Acquisition Case No. 1 of 1992 and 2 of 1992 were disposed of.

(2.) It may be mentioned here that First Appeal No. 158 of 1993, arises out of L.A. Case No. 1 of 1992 and First Appeal No. 159 of 1993, arises out of L.A. Case No. 2 of 1992. The State of Bihar, respondent acquired the lands of the appellants of both the First Appeals for the purpose of 33/11 K.V. Sub Station and construction of staff quarters for the Electricity Department. The notification under Section 4 of the Land Acquisition Act was published in Gazette on 16.1.1991. Notification under Section 9 was issued on 09.10.1991. Total land was 1.4 acre, which has been acquired by the State of Bihar. In First Appeal No. 158 of 1993, arising out of L.A. Case No. 1 of 1992, the land involved is 0.935 acre whereas in First Appeal No. 159 of 1993, arising out of L.A. Case No. 2 of 1992, the land involved is 0.4225 acre. The land owners claimed before the Collector for compensation at the rate of Rs.18,000 to Rs.20,000 per Katha. The Collector awarded total compensation of Rs.60,888.37 in First Appeal No. 158 of 1993 whereas in First Appeal No. 159 of 1993, the Collector awarded Rs.27,440.36 including all statutory benefits. The value of the land was fixed at Rs.1,481.46 per katha.

(3.) On being dissatisfied with the award of the Land Acquisition Officer, the claimants filed application under Section 18 of the L.A. Act which was referred by the Land Acquisition Officer to the Land Acquisition Judge. The claimants claimed Rs.20,000 per katha for the lands acquired. Before the Land Acquisition Judge, the claimants adduced oral as well as documentary evidences. It may be mentioned here that the State of Bihar did not file any written statement.