SITARAM KEDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The claimant has filed this First Appeal against the judgment and Award dated 30.07.1997 passed by Sri Ramesh Jha, the learned Land Acquisition Judge, Naugachia, Bhagalpur in L.A. No. 3 of 1989 dismissing the said reference petition filed by the Appellant.

(2.) It appears that the land of the claimant-Appellant measuring 56 decimals was acquired by the State of Bihar for the purpose of construction of the house of the employees of the Flood Control Department. Notification under Section 4 of the L.A. Act was published on 17.09.1982. The Collector fixed the market value of the acquired land at Rs. 8,296.40/- @ Rs. 14,815/- per acre. The Appellant filed application under Section 18 of the Land Acquisition Act praying for enhancement of the compensation on the ground that the land of the applicant is situated near college, school, resident colony and also it is close to Naugachia Bazar. The market value of the land prior to acquisition was Rs. 20,000/- per kattha. The applicant also claimed Rs. 47,000/- for the cost of different trees. The applicant also claimed Rs. 13,500/- as cost of well, boring and buildings and Rs. 50,000/- as situation value. Total the Appellant claimed Rs. 3,60,500/-. The said application was referred to the Court for decision.

(3.) The State of Bihar-Respondent filed objection to the said application alleging that the Appellant has received the proper compensation.