LAWS(PAT)-1971-12-5

SIAWATI KUER Vs. STATE OF BIHAR

Decided On December 14, 1971
SIAWATI KUER Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal arises out of the order of the learned Land Acquisition Judge (Additional Subordinate Judge III, Patna) dated the 30th September, 1964, holding that the amount of compensation awarded to the appellant by the State of Bihar, for the lands acquired by it, was adequate.

(2.) Plot No. 3389 with an area of 13 decimals and plot No. 3408 with an area of 63 decimals, situate in village Sheonar, P.S. Mokameh, in the district of Patna, were acquired by the State of Bihar for construction of Mokameh Bye Pass Road. The notification under Section 4 (1) of the Land Acquisition Act, 1894, for acquisition of the lands, was published on the 12th October, 1960, and possession of the plots was taken by the State on the 24th February, 1961. This was followed by a declaration under Section 6 of the Act on the 33th September, 1961.

(3.) The amount of compensation fixed by the Land Acquisition Officer for the aforesaid plots of lands comprised as follows: Price of land ... Rs. 1815.86 P. Price of trees standing on the land ... Rs. 272.38 P. Damages ... Rs. 94.32 P. Interest ... Rs. 43.65 P. This amount was accepted by the Collector. The matter was later referred to Civil Court under Section 18 of the Act against whose order the present appeal has been preferred.