SHIV BACHAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals have been filed against the order dated 27th July, 1985 passed by 1st Addl. District Judge, Gaya in Land Acquisition Case Nos. 41 of 1982/1 of 1983 and 56 of 1982/65 of 1983.

(2.) THE facts of the case are for the construction of a housing colony at Village Mustafavad in the vicinity of Gaya town under the housing scheme of the Bihar State Housing Board, the State Govt. proposed to acquire 86.325 acres land at the said village. Those lands were of dhanhar as well as bhit nature. A notification under Section 4(1) of the Land Acquisition Act was published on 05.12.1974 and a declaration under Section 6 was published on 01.07.1975. Objections were invited under Section 9 of the Act by 25.08.1975. The land acquisition Department obtained sale figures. From the local registration office in respect of transfers of lands at the said village during the period of proceeding three years. The Land Acquisition Officer held local inspection of those lands and after taking into consideration several sale figures, he chose a transaction showing transfer of a land which was also the subject matter of acquisition, sold in 1973 at the rate of 32,331/ - per acre. As the said piece of land was of dhanhar nature, he fixed the market price of all the dhanhar lands proposed to be acquired at the rate of Rs.32,340/ - per acre. For the bhit lands he recommended the rate of Rs. 21,560/ - per acre. The learned Collector accepted those rates and made awards in respect of the lands of different owners. Under the scheme an area of 70 decimals in plot nos. 36 and 65 decimals in plot no.39 totaling 1 acre 35 decimals belonging to Laxmi Narayan Roy, the applicant in L.A. Case No. 41/1 of 1982 -83 had been acquired. Therefore, as award No. 29 dated 11.12.1980 for Rs. 50,207=85 (including additional compensation at the rate of 15% of the market price) was prepared and the said applicant received payment thereof on 22.12.1980 under protest. An area of 78 decimals in plot No. 42 belonging to the applicant in L.A. Case No. 56/65 of 1982 -83, namely, Sheo Bhagat had been acquired. Therefore, award No.35 dated 11.12.1980 for Rs.29,008=98, including additional compensation had been prepared and the payment was received under protest on 23.12.1980. Similarly, an award No.46 dated 11.12.1980 for Rs.14,132=58 including additional compensation was prepared in the name of Musan Yadav, the applicant in L.A. Case No. 71 of 17 of 1982 -83, as the land of his plot bearing No. 52 measuring 38 decimals had also been acquired. He also received payment under protest. The date of his receiving the payment is not disclosed. The possession of those lands was taken on 08.03.81.

(3.) AGGRIEVED by the insufficiency of the compensation awarded to them the above named awardees filed separate petition under Section 18 of the Land Acquisition Act for reference to the Court claiming higher compensation. The contention of the applicants in I.A. Case No. 41/1 of 1982/83 and 56/65 of 1982/83 (the contents of whose petitions are identical in all respects) is that the amount of compensation awarded to them is miserably low. Their lands were very fertile lying under municipal area producing three crops a year, namely, paddy, onion and maize at the rate of 30 mounds, 160 mounds and 20 mounds per acre respectively. The price of those produce was about Rs.5700/ - per acre. After deducting the cost of the production they used to derive net income from their lands at the rate of Rs.4560/ - per acre every year. Besides, being situated within municipal area, those lands were fit for construction of houses. At the time of the publication of notice under Section 4(1) of the Land Acquisition Act the market price of such lands was, at least, at the rate of Rs.10,000/ - should have awarded compensation at such rate, besides compensation at the rate of Rs.9,000/ - per kathas on account of the increase in the potential value of those lands. They have also claimed compensation at the rate of Rs.32,000/ - per acre on account of damage to their standing crops at the time of measurement, demarcation and taking possession of those lands.