SURENDRA NATH BISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals arise out of an award-decree made by the Judicial Commissioner of Ranchi in a reference under Section 18 of the Land Acquisition Act (hereinafter to be referred to as the Act). F. A. No. 271 of 1955 has been preferred by the claimants Sri S. N. Biswas and Sri M. M. Sur, while F. A. No. 302 of 1955 has been preferred by the Deputy Commissioner and the Land Acquisition Officer, Ranchi.

(2.) In 1936 the claimants had purchased for a sum of Rs. 25,000 an area of 194.34 acres containing several thousands of lac bearing trees and some buildings in villages Kokrana and Muri of Ranchi district. In 1943 the Indian Aluminium Production Company negotiated for the purchase of 173.52 acres of this land in village Kokrana with 14,000 lac bearing trees and buildings with the claimants; and an agreement for the sale of the same to the Company for a sum of Rs. 2,00,000 was signed on the 20th February 1944 between the parties and the Company paid a sum of Rs. 10,000 as earnest money. The interest of this company then passed to the Indian Aluminium Company, which repudiated the agreement and requested the Government for acquisition of the area. The government issued a notice under Section 4 of the Act in August 1944 containing a proposal to acquire 189.84 acres belonging to the tenants. Later, a decision was made to reduce this area by .70 acre on which the claimants' house stood. But a modified notice was never issued. A declaration under Section 6 of the Act was ultimately made on the 5th February 1945 for only 189.14 acres. But ultimately the present proceeding was concerned only with 171.15 acres of land along with the lac plantation. Another proceeding was started in respect of .70 acre containing the house of the claimants and the same has already been acquired and the claimants have been paid Rs. 14,000.00 as compensation for the same.

(3.) In March-April 1945 the claimants claimed a sum of about Rs. 9,00,000 besides statutory compensation at Rs. 15.00 per cent. in respect of 173.51 acres of land with the plantation. By the award the claimants were allowed about Rs. 21,500 for the land and about Rs. 82, 700 for the plantation, inclusive of statutory compensation. The claimants were not satisfied with this rate and claimed Rs. 50,000 for the land and Rs. 2,55,000 for plantation, besides statutory compensation and interest. The learned Judicial Commissioner found, on the basis of the agreement between the Indian Aluminium Production company and the claimants, that the market value of 173.52 acres with buildings and plantations would be Rs. 2,00,000 on the date of the notice under Section 4 of the Act. Then, he has deducted a sum of Rs. 10,000 paid as earnest money to the claimants and Rs. 14,000 paid to the claimants as compensation for .70 acre with buildings in the other case. Two plots measuring an area of .62 acre had already been settled by the claimants with tenants on a rental of Re. -/10.00and in respect of the same the claimants have been awarded a sum of Rs. 12/8.00 as capitalised value of the rental and the tenants have been awarded a sum of Rs. 308/8.00. Another small plot having an area of .05 acre was excluded from the acquisition and the Judicial Commissioner valued the same at Rs. 25. He deducted these amounts also from Rs. 2,00,000 and ordered that the claimants were entitled to get a sum of Rs. 71,529/4.00 besides Rs. 1,04, 137/4.00 which has been awarded and paid to the claimants by the Land Acquisition officer. He further held that the statutory compensation at Rs. 15 per cent. should not be allowed separately and should be deemed to have been included in the sum of Rs. 71,529/4.00. He did not also allow any interest to the claimants under Section 28 of the Act. Hence, the appeal by the claimants for increasing the amount of compensation and also for the statutory compensation and interest. The other appeal has been preferred for reduction of the amount of compensation,