STATE OF BIHAR Vs. GANESH PRASAD GUPTA

JUDGEMENT

(1.) BOTH the appeals have been filed against the Judgment and Award dated 23rd June, 1994 passed by Shri Braj Kishore Prasad Kashyap, Sub -Judge -I, Aurangabad in Land Acquisition Case Nos. 16 & 17 of 1989, whereby and whereunder the learned court -below had enhanced the compensation amount.

(2.) THE facts of the case are that the lands of the applicants Lakshmi Devi, Raghubir Prasad and Ganesh Prasad as stated in the impugned judgment are situated in Mohalla Shahpur, on G.T. Road, Ward No. 6, Aurangabad Municipality, Aurangabad, Bihar. The lands as described in the impugned judgment were acquired for construction of the Central Jail in Land Acquisition No.1 of 1986 -87. The compensation awarded in favour of the applicants is very law, inadequate, arbitrary and against the prevailing market value at the time of acquisition. The lands acquired situate in one compact block and they stand just close north of the G.T. Road from one end to another. The lands are just 2 K.M. away from the heart of District Town of Aurangabad and they stand in ward No.13 of the Municipality. There are 80 to 100 shops including Hotels just close to the lands. There is S.N. Sinha College and Town Inter School at some distance. The industrial estate is also very close to the lands and there are two petrol pumps at some distance. The lands are very potential growing wheat and paddy at high rate.

(3.) THE further case of the applicant is that the market value of the acquired land at the time of acquisition was Rs.16,000/ - per Katha. The land inferior to the land under acquisition has been sold in the Shahpur Ward No.7 at the rate of Rs.12,000/ - per Katha vide several sale deeds prior to the notification. The prayer of the applicants is that they are entitled to get additional compensation and interest as prescribed under the Land Acquisition Act, 1894.