GENERAL MANAGER NTPC KAHALGAO Vs. SHIV PRASAD YADAV

JUDGEMENT

(1.) THIS first appeal has been filed against the judgment and award dated 3rd July 2003 (award signed on 19th July 2003) passed by Sri Saghir Ahmad, the learned Land Acquisition Judge, Bhagalpur in Land Acquisition Reference Case No. 180 of 1992 enhancing the compensation awarded by the Land Acquisition Officer.

(2.) THE claimant -respondent No.1 Shiv Prasad Yadav filed an application under Section 18 of the Land Acquisition Act claiming higher compensation in respect of his land measuring 80 decimal which was acquired by the State of Bihar for the appellant for construction of thermal plant. The lands were notified for acquisition on 12.8.1986. By declaration No. 3660 dated 21.11.1988 the lands involved in this appeal was declared to be acquired. The Land Acquisition Officer awarded a total compensation of Rs.28,102.28 paise. The claimants received the said amount under protest and the application under Section 18 was filed praying for reference. The claimants claimed compensation of the land @ Rs.7,00,000/ - per acre, Rs.20,000/ - for severance of land and Rs.20,000/ - for the damage of crops. According to the claimants, the lands acquired had its potential value which was Bhit class -I land and fit for residential purpose. The said land is surrounded by thickly populated villages and also surrounded by Kahalgaon -Bhagalpur road and Kahalgaon -Sobnathpur road. The acquired land was also irrigated through Pacca well of nearby block and the petitioner was earning Rs.20,000/ - from the lands. Out of 2 acres 21 decimal only 80 decimal has been acquired which completely decreased the potentiality of the remaining land.

(3.) THE case of the appellant is that at the time of taking possession of the suit land there was no crops and possession was taken in the month of September 1990. The claimants had not suffered any damage because of part acquisition. The compensation awarded by the Collector is just and proper. The learned court below framed the following points for consideration :