STATE OF BIHAR Vs. BIMALA DEVI

JUDGEMENT

(1.) THE State of Bihar has filed First Appeal No.190 of 2005 against the judgment and award dated 17th February, 2005 in L.A. Case No.45 of 1985/22 of 1991, First Appeal No.193 of 2005 against the judgment and award dated 14.02.2005 passed in L.A. Case No.350 of 1984/50 of 1991, First Appeal No.194 of 2005 and First Appeal No.195 of 2005 against the judgment and award dated 21.03.2005 passed in L.A. Case No.24 of 1985/44 of 1991 and L.A. Case No.36 of 1985/14 of 1991 respectively, all passed by the learned 4th Additional District Judge, Nawada.

(2.) SINCE in all the above four First Appeals, the lands have been acquired by the State of Bihar by same notification and for the same purpose and the points involved in all the First Appeals are same. It appears that judgments are also on the same line. The evidences adduced by the parties in all the four First Appeals are also same. In all the four First Appeals, the houses of the respondents have been acquired. Considering the above facts that same question is involved in all the four First Appeals, they are heard together one after the other and are disposed of by this common judgment.

(3.) THE learned counsel next submitted that the learned Court below has relied upon only the oral evidences adduced by the appellant which cannot form the basis for computing the compensation. So far this submission is concerned, no doubt only oral evidences have been adduced but then there is no denial on the part of the appellant that no houses of the claimants have been acquired. THE description given by the claimants in their evidences has also not been denied. Considering all these aspects of the matter, the learned Court below has awarded the minimum compensation, although, the claimants claimed more amount than the amount of compensation awarded by the Land Acquisition Judge. In all these cases, it appears that the State of Bihar did not produce any evidences showing the manner of computation of the award. After taking note of all these facts, the learned Court below has given the compensation to the claimants-respondents.