STATE OF BIHAR Vs. AHSANUL HODA

JUDGEMENT

(1.) The State of Bihar being aggrieved by the judgment and award dated 14.06.2004 passed by Land Acquisition Judge, Banka in Land Acquisition Reference Case No. 21 of 1988 filed this First Appeal. By the impugned judgment and award, the learned Land Acquisition Judge has fixed the market value of the land acquired at Rs. 250 per decimal and thereby enhanced the compensation awarded by the Land Acquisition Officer. The learned Court below also awarded Rs. 10,000 for damages of standing crops besides the Statutory benefits.

(2.) The claimant-Respondent's land measuring 3 acre 54 decimal was acquired by the State of Bihar for the purpose of "Orni Reservoir" in Land Acquisition Case No. 76 of 1981-82. Notification under Section 4 of the Land Acquisition Act was published on 16.09.1983. The Collector made the award on 16.10.1984 for Rs. 6513.60. The claimant-Respondent filed application under Section 18 claiming enhanced rate of compensation which was referred by the Collector to the Special Land Acquisition Judge.

(3.) According to the claimant's case, the land of the claimant was three-Fasla i.e. three crops were grown in each year. At the time of acquisition of the land, the market value of the land was Rs. 50,000-60,000 per acre. Because of acquisition, the standing crops were damaged causing loss to the extent of Rs. 10,000 but no compensation was given for the said crops. The wheat, sugarcane and potato crops were being cultivated in each year and the earning of the claimant per year was about Rs. 10,000-12,000 from the lands acquired. The Collector arbitrarily fixed the compensation at Rs. 6513.60. The land was being irrigated throughout the year from the water of Orni River. On these allegations, the claimant-Respondent claimed for enhancement of the compensation.