STATE OF BIHAR Vs. S K THACKER

JUDGEMENT

(1.) This is a batch of six first appeals by State of Bihar against awards made by Special Land Acquisition Judge, Dhanbad in land reference cases under Sections 18 and 30 of the Land Acquisition Act (hereinafter referred to as 'the Act'). In F. A. Nos. 438, 439, 441 and 442 the only question which falls for consideration is the value of compensation awarded for buildings on the acquired lands. In F. A. Nos. 437 and 440 we are concerned only with value of lands.

(2.) It appears that land measuring 36 acres in Naya Bazar, Dhanbad was acquired for construction of over-bridge over railway tracks. Part of the lands acquired was vacant and parts had buildings over them. In this batch of first appeals, the total area of lands covered was 23 acres. The vacant lands were awarded compensation on the basis of their market value on the date of issuance of notification under Section 4 of the Act. The Collector awarded compensation for the buildings on the basis of the value assessed by the Public Works Department Engineers. It will be relevant to state that the Public Works Department values buildings on the basis of plinth area. The respondents (hereinafter called 'claimants') being aggrieved by the award of the Collector filed objections under Section 18 (in some cases under Section 30) of the Act to the Colletcor. Objections having been raised, the Collector referred the matter to the Civil Court. Reference cases were accordingly instituted. They were heard and disposed of by Special Land Acquisition Judge. The Special Land Acquisition Judge enhanced the compensation for vacant lands on the basis of their market value. The compensation for buildings was awarded by the Civil Court on the basis of their capital value assessed on the basis of 20 years annual income.

(3.) F. A. Nos. 437 and 440 of 1969. In regard to the vacant lands the Collector had awarded compensation at the rate of Rs. 53,525 per acre. This would work out roughly at Rs. 960 per katha. The Civil Court enhanced the compensation to Rs. 3,000 per decimal, i.e. .01 acres. It would be relevant to state here that in the district of Dhanbad .015 acres is roughly equal to one Katha. Learned Government Pleader vehemently assailed the reasons advanced by the Civil Court for enhancing the compensation nine times. The Civil Court took Ext. 9 which was a sale deed dated 17-5-1957 as the yardstick for assessing the market value of the lands under acquisition. Ext. 9 was a sale deed executed by Banarsi Lall Agrawal in favour of Md. Salim. It was in respect of lands measuring 3 Kathas 3 Chhataks 25 Sq. feet in Naya Bazar Dhanbad for Rs. 23,533. The value per katha, (.015 acres) would, therefore, come to about Rs. 4,000 roughly. If Ext. 9 is to be accepted as a correct guide for assessing the market value of the lands as it should be, in our opinion, the claimants would be entitled to about Rs. 2,700 per decimal (.01 acre). The Civil Court thus awarded compensation on the basis of a transaction which took place five years prior to the date of notification. Learned Government Pleader should not have had any grievance, therefore, in respect of the compensation awarded to the claimants for the vacant lands. It is reasonable to assume that land values must have gone up in June, 1962 as compared to values in 1957. Judicial notice can and should be taken of the fact of continuous rising inflation and rising land values.