UNION OF INDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) First Appeal Nos. 202 of 1996 to 208 of 1996 have been filed by the Union of India through the General Manager, North Eastern Railway, Gorakhpur against the judgment and award dated 25.9.1995 passed in Land Acquisition Reference Case Nos. 3 of 1994, 4 of 1994, 5 of 1994, 6 of 1994, 7 of 1994, 8 of 1994 and 9 of 1994 by Sri Sarweshwar Nath, Special Land Acquisition Judge, Bagaha, West Champaran. Whereas State of Bihar has filed First Appeal No. 243 of 1996 against the same judgment and award dated 25.9.1995 passed in Land Acquisition Reference Case No.6 of 1994.

(2.) It may be mentioned here that total land measuring 18.39 acres were acquired by the State of Bihar for the purpose of Union of India for construction of Chhitauni Bagaha Rail-cum-Bridge. The notification was issued being notification No. 692 dated 10.6.1992. Regarding the said acquisition seven awards were prepared by the Land Acquisition Officer. Being dissatisfied with the award of the Land Acquisition Officer the land owners filed application for referring the matter under Section 18 of the Land Acquisition Act. The matters were referred to the Land Acquisition Judge and the cases were numbered as Land Acquisition Case Nos. 3 of 1994, 4 of 1994, 5 of 1994, 6 of 1994, 7 of 1994, 8 of 1994 and 9 of 1994. In all those L.A. cases the Union of India for whom the lands were acquired was not made party. The Land Acquisition Judge enhanced the compensation and, therefore, with the leave of this Court the Union of India has Mungeshwar Sahoo, J. filed the aforesaid seven appeals. First Appeal No. 202 of 1996 arises out of L.A. Case No. 5 of 1994. First Appeal No. 203 of 1996 arises out of L.A. Case No. 4 of 1994. First Appeal No. 204 of 1996 arises out of L.A. Case No. 8 of 1994. First Appeal No. 205 of 1996 arises out of L.A. Case No. 9 of 1994. First Appeal No. 206 of 1996 arises out of L.A. Case No. 6 of 1994. First Appeal No. 207 of 1996 arises out of L.A. Case No. 3 of 1994. First Appeal No. 208 of 1996 arises out of L.A. Case No. 7 of 1994. The State of Bihar filed seven separate appeals. It appears that the other appeals have been dismissed for default. One first appeal i.e. First Appeal No. 243 of 1996 has been filed against the L.A. Case No. 6 of 1994 which is being heard along with the First Appeals filed by the Union of India.

(3.) It may also be mentioned here that in all the land acquisition cases same type of evidence has been adduced by the land owners and the State of Bihar. The judgment and award is also of same date. Only the area of land acquired defers and, therefore, the compensation also defers. It is therefore, necessary first to summarize the said facts. A. In Land Acquisition Case No. 3 of 1994 giving rise to First Appeal 207 of 1996, the area of land acquired is 1.83 acres. The Land Acquisition Officer awarded Rs.39,984.89 paise as compensation whereas the Land Acquisition Judge enhanced the said compensation to Rs.1,64,74,110.18 paise i.e. the Land Acquisition Judge enhanced the excess compensation of Rs.1,64,34,125.29 paise. B. In Land Acquisition Case No. 4 of 1994 giving rise to First Appeal No. 203 of 1996 area of land acquired is 8.38 acres. The Land Acquisition Officer awarded Rs.2,25,564.12 paise. The Land Acquisition Judge enhanced the compensation to Rs.7,54,38,821.40 paise. The excess amount enhanced is Rs.7,52,13,257.28 paise. C. In Land Acquisition Case No. 5 of 1994 (F.A. No. 202 of 1996) area of land acquired is 1.10 acres. The Land Acquisition Officer awarded Rs.18,74,423.34 paise which was enhanced by Land Acquisition Judge to Rs.99,04,590.00 paise, i.e. the excess amount awarded is Rs.80,30,166.76 paise. D. In land acquisition case No. 6 of 1994 (F.A. No. 206 of 1996 and 243 of 1996) the area of land acquired is 2.50 acres. The Land Acquisition Officer awarded Rs.1,30,598.48 paise which was enhanced is Rs.2,25,10,615.00 paise by Land Acquisition Judge. The excess amount enhanced to Rs.2,23,80,016.52 paise. Against this, the first appeal of State of Bihar has been numbered as First Appeal No. 243 of 1996. E. In Land Acquisition Case No. 7 of 1994 area 2.50 acres land was acquired which gave rise to First Appeal No. 208 of 1996. The Land Acquisition Officer awarded Rs.57,748.48 paise which was enhanced to Rs.2,25,10,615.00 paise. The excess amount enhanced is Rs.2,24,52,866.52 paise. F. In Land Acquisition Case No.8 of 1994 the area of land acquired is 0.25 acres which gave rise to First Appeal No. 204 of 1996. The Land Acquisition Officer awarded Rs.49,581.84 paise whereas the Land Acquisition Judge enhanced the compensation to Rs.19,85,717.16 paise. G. In Land Acquisition Case No. 9 of 1994 the area of land acquired was 1.83 acres which gave rise to First Appeal No. 205 of 1996. The Land Acquisition Officer awarded Rs.55,620.01 paise. The Land Acquisition Judge enhance the compensation to Rs.1,52,63,473.68 paise. The excess compensation awarded is Rs.1,52,07,853.67 paise. Therefore, for total 18.39 acres land the Land Acquisition Officer awarded Rs.24,33,521.16 paise, whereas the Land Acquisition Judge enhanced the same to Rs.16,41,37,524.26 paise. It may be mentioned here that the compensation awarded by the Land Acquisition Officer has already been paid to the claimants. In five reference cases two brothers i.e. Surendra Prasad Varma and Virendra Prasad Varma are the claimants and in two reference cases two Tagore brothers are the claimants. In the first appeal filed by the State of Bihar the Union of India is not a party.