STATE OF BIHAR Vs. MANOJ KUMAR

JUDGEMENT

(1.) The State of Bihar has filed this appeal against the judgment Sahoo, J. and award dated 26.06.2003 passed by Sri Shiva Shankar Sharma, learned 1st Additional District Judge-cum-Land Acquisition Judge, Nawadah in L.A. Case No.244 of 1986/189 of 1992 enhancing the rate of compensation and also finding that the land acquired by the State of Bihar belonged to the respondent.

(2.) It appears that 2 acre 7 decimal lands of Khata No.31, Plot No.2 of village Dhuri Taran was acquired by the State of Bihar along with other lands for the purpose of construction of Phulwariya Water Reservoir under the Phulwariya Reservoir Scheme in the year 1984. The compensation was prepared in the name of State of Bihar for the said land.

(3.) The respondent filed application under Section 18 and 30 of the Land Acquisition Act alleging that the said land was settled by the Ex- landlord in the year 1936 in favour of the father of the respondent by the Ex-landlord. After settlement, the Ex-landlord accepted rent and granted rent receipt in his favour. At the time of vesting of zamindari, the Ex- landlord filed return in the name of father of the respondent namely, Narendra Prasad Singh and on the basis of the same, the State of Bihar accepted rent from father of the applicant. Since then, the father of the applicant was in possession of the land as Occupancy Raiyat and after his death, the applicant is coming in possession. The award has been wrongly prepared in the name of State of Bihar. The claimant further stated that the value of the acquired land was Rs.500 per decimal but the Land Acquisition Judge has given a very low compensation. The said claim of the applicant was referred to the Land Acquisition Judge. Before the Land Acquisition Judge, the parties adduced their evidences. By the impugned judgment, the Land Acquisition Judge fixed the compensation at the rate of Rs.269 per decimal and also held that the respondent is entitled to receive the compensation.