STATE OF BIHAR Vs. BINOD SHANKAR SINGH

JUDGEMENT

(1.) THE State of Bihar has filed this First Appeal against the judgment and award dated 19.08.1992 passed by Sri Laxman Uraon, the learned First Additional District Judge, Nawadah in Land Acquisition Case No.108 of 1992/66 of 1988 allowing the application of the respondents under Section 18 of the Land Acquisition Act and enhancing the compensation for the lands acquired by fixing the market value at Rs.300 per decimal.

(2.) IT appears that the lands of the claimants-respondents measuring about 4 acres 48 decimals was acquired by the State of Bihar for the purpose of construction of Phulwariya Jalashaya in Land Acquisition Case No.9 of 1982-83. The notification under Section 4 of the Land Acquisition Act was published on 01.10.1981. The Land Acquisition Officer made an award being Award No.1 for a sum of Rs.66,113.96. The claimants-respondents received the said compensation on protest and filed application under Section 18 of the Land Acquisition Act praying therein that the amount of compensation paid by the Land Acquisition Officer is abnormal low and therefore, claimed that the matter may be referred to the Land Acquisition Judge. According to the claimants, the market value of the land at the prevalent time was at Rs.500 per decimal. The Land Acquisition Officer referred the said application under Section 18 to the Land Acquisition Judge.

(3.) BEFORE the Land Acquisition Judge, the claimants produced oral as well as documentary evidences. A.W.1 is Yadunandan Singh. A.W.2 is Narendra Prasad Singh. According to A.W.1, the value of the lands acquired at the time of acquisition was Rs.500 per decimal. He has stated that along with his lands, the lands of other villagers were also acquired by the said notification for the same purpose. This witness has further stated that out of 4 acre 48 decimals lands acquired by the State of Bihar, the lands measuring 4 acre 30 decimals belongs to his wife, Anjani Devi and the remaining 18 decimals belonged to Binod Shankar Singh. A.W.2 is brother of said Binod Shankar Singh.