STATE OF BIHAR Vs. BALDEO SINGH

JUDGEMENT

(1.) This First Appeal has been filed by the State of Bihar against the judgment and award dated 07.02.1994 passed by Sri Laxman Oraon, the learned 1st Additional District Judge, Nawadah in Land Acquisition Case No.9 of 1994 whereby the learned Land Acquisition Judge fixed the rate of compensation at Rs.300 per decimal for the lands acquired by the State of Bihar for the purpose of rehabilitation of displaced persons.

(2.) It appears that notification under Section 4 of the Land Acquisition Act was issued in the year 1979. In L.A. Case No.45 of 1978-79, the claimant's land measuring 1 acre 51 decimal of village Parariya was acquired by the State of Bihar. The Collector awarded Rs.13023.75 for the land acquired. The claimant received the said compensation awarded by the Collector on protest and then filed application under Section 18 of the L.A. Act for reference to the Land Acquisition Judge.

(3.) The case of the applicant is that the lands acquired was valuable land and the value was not less than Rs.500 per decimal on the date of acquisition but the learned Land Acquisition Officer awarded a very meager amount of compensation. The application under Section 18 of the Land Acquisition Act was filed by the land holder, claimant claiming that the compensation may be determined at the rate of Rs.500 per decimal.