HYAM NANDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The claimant has filed both these appeals against the same Sahoo, J.

(2.) It appears that in First Appeal No. 290 of 2001 arising out of Land Acquisition Case No. 40 of 1986 3.52 acres of lands and in First Appeal No. 291 of 2001 arising out of Land Acquisition Case No. 49 of 1986 2.06 acres of claimant's lands were acquired by the State of Bihar along with lands of other land holder total measuring 37.67 acres lands for the purpose of scheme for Fish Seed Hatchery Complex cum Fish Seed Nurseries. The land holders claimed enhancement of the compensation and filed applications under Section 18 which was referred to the Land Acquisition Judge. There were about 92 claimants whose lands were acquired measuring 37.67 acres. All these 92 land acquisitions cases were disposed of by this common judgment. It appears that for the acquisition of the present appellant's land two awards were prepared in two L.A. case i.e. L.A. Case No. 48 of 1986 and 49 of 1986. Therefore, the appellant has filed these two first appeals.

(3.) A notification under Section 4 of the Land Acquisition Act was issued on 1.10.1982. The Land Acquisition Officer fixed the market value of the lands acquired at Rs.28,125/- per acres with respect to 37.30 acres finding that those are Dhanhar lands i.e. agricultural lands and further fixed the market value of the land measuring 36 decimals at Rs. 90,196/- per acre equal to Rs. 2818.62 paise per kattha finding that 36 decimal is homestead land. One decimal land was found Gair Mazurava land. The claimant filed application under Section 18 of the Land Acquisition Act claiming compensation @ Rs.20,000/- per kattha and claimed that all the lands involved are homestead land. Other claimants also filed the application claiming that the classification made by the Land Acquisition Judge is baseless.