GENERAL MANAGER NTPC KAHALGA Vs. BADRI SINGH

JUDGEMENT

(1.) This First Appeal has been filed by the Appellant, N.T.P.C. against the judgment and award dated 24.05.2007 passed by Sri Ganga Sharan Ram Tripathi, the learned Land Acquisition Judge, Bhagalpur in L.A.R. Case No. 161 of 1989 enhancing the compensation in favour of the applicant-Respondent, Badri Singh.

(2.) The land comprised within plot No. 1329 measuring 51 decimals of village Bholsar, P.S. Kahalgaon, District- Bhagalpur belonging to the Respondent No. 1 was acquired in L.A. Case No. 33 of 1984-85 for the purpose of construction of Thermal Plant. The notification under Section 4(i) of the L.A. Act was published on 16.11.1985. The Land Acquisition Officer awarded a sum of Rs. 7,126.73. The applicant-Respondent No. 1 received the said amount on protest and filed application under Section 18 of the Land Acquisition Act claiming compensation at the rate of Rs. 5,000 per decimal. According to the applicant-Respondent, the acquired lands are very fertile and productive. The land was also near to village Bholsar, near to Ekchari Railway Station, Girls High School and Mahgama Pucca Road passed through the acquired land. The lands can be used as homestead land. The land was also irrigated through pucca boring and the applicant was growing wheat, maize, potato, chilly and other vegetables and earning Rs. 5,000 per katha per annum and also claimed Rs. 5,000 for crops per year. In total, the applicant claimed Rs. 10,000 per katha (4 lacs per acre) and also Rs. 5,000 for crops per year. The said application was referred to the Land Acquisition Judge.

(3.) The State of Bihar, Respondent No. 2 did not file any objection to the claim of the applicant. However, the Appellant, N.T.P.C. who was opposite party No. 2 filed an objection on 18.04.1996 alleging that the claim made by the applicant to the tune of Rs. 4 lacs per acre and Rs. 5,000 for the crops has rightly been rejected by the Land Acquisition Officer. The compensation awarded by the Land Acquisition Officer is proper and just. It was further alleged that the lands acquired was un-irrigated and the value of the land at the rate of Rs. 10,000 per katha claimed by the applicant is unacceptable. The land acquired was Bhith-II class land.