STATE OF BIHAR Vs. BIRENDRA PRASAD

JUDGEMENT

(1.) THE State of Bihar has filed these two First Appeals against the common judgment dated 07.06.1993 and the decree signed on 11.06.1993 by Sri Abhaya Nand Chaudhary, the learned Sub Judge I-cum-Land Acquisition Judge, Sitamarhi in L.A. Case No. 33 of 86 and 37 of 86. First Appeal No. 642 of 1993 arises out of L.A. Case No. 33 of 86 whereas First Appeal No. 646 of 1993 arises out of L.A. Case No. 37 of 86. (2) THE lands of the claimants-respondents of both the cases were acquired by the State of Bihar for the purpose of rehabilitation of people of Village-Adambandh under Bagmati Project Scheme. In L.A. Case No. 33 of 86, total 0.42 acres area of Birendra Prasad was acquired. In L.A. Case No. 37 of 86, total area of 1.10 acres of Sadique Mian was acquired. It appears that the lands are small parts of various plots. THE notification under Section 4(i) of the Land Acquisition Act was issued on 01.05.1982. Award No. 21 was prepared in the name of Sadique Mian whereas Award No. 25-K was prepared in the name of Birendra Prasad fixing the value of the land at the rate of Rs. 167.76 per decimal. THErefore, both the claimants filed applications for making reference of the case under Section 18 of L.A. Act claiming that on the date of notification under Section 4 of L.A. Act, the value of the lands acquired were about Rs.2,000 per decimal. (3) THE claimants adduced evidences oral as well as documentary in the Court below in support of their claim regarding market value of the land at Rs.2000 per decimal. THE State of Bihar did not file any objection nor any witness was examined on behalf of the State of Bihar. (4) After trial, the learned Court below relying upon the various sale deeds and the earlier judgments for the lands acquired by the same notification for the same purpose of the same village and determined the value of the land at Rs.1700 per decimal.