SUBHADRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) FIRST Appeal No. 178 of 2005 has been filed by the claimant Subhadra Devi who is landholder (claiming enhancement of the compensation for her land which was acquired by the State of Bihar) against the judgment and award dated 26.2.2005 passed by Sri Kumar Prakash Sahai, the learned Land Acquisition Judge, Bhagalpur in L.A.R. Case No. 61 of 1998 whereby the Land Acquisition Judge has only partly allowed the claim of the appellant by enhancing the prevalent market rate of the land from Rs.397.59 paise to Rs.825/- per decimal. The other FIRST Appeal No. 206 of 2005 has been filed by the National Thermal Power Corporation against the same judgment and award challenging the enhancement of compensation from Rs.397.59 paise to Rs.825/- per decimal.

(2.) IT appears that the State of Bihar acquired 1.09 acres of the land of the claimant Subhadra Devi for the purpose of construction of the National Thermal Power Station. Notification under Section 4 of the Land Acquisition Act was published on 18.5.1987. The claimant filed objection claiming compensation which was rejected by the Land Acquisition Officer and compensation of Rs.49,577.88 paise was paid to her under protest. Then the claimant filed application under Section 18 of the Land Acquisition Act praying for reference to the court for enhancement of compensation.

(3.) THE submission of the appellant in First Appeal No. 178 of 2005 is the submission on behalf of the respondent in First Appeal No. 206 of 2005 and likewise the submission of Mr. Anil Kumar Sinha, Advocate on behalf of the appellant in First Appeal No. 206 of 2005 is the submission on behalf of the respondent in First Appeal No. 178 of 2005.