NABIZAN HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) FIRST Appeal Nos. 1115, 1116, 1117, 1132, 1133, 1121 and 1122 of 1972 arise out of a common judgment dated 18th July, 1972 of the Special Land Acquisition Judge-II, Patna by which he disposed of fifty-two Land acquisition cases on a reference being made to him under Section 18 of the Land Acquisition Act (hereinafter called the 'Act') by which the learned Special Judge has allowed the reference in part. All the fifty two land acquisition cases were tried analogous by the Special Judge and the awardees have adduced common evidence both-oral and documentary. With the consent of the learned Counsel for the parties, all these seven appeals also have been heard together as they arise out of one and the same judgment and they are being disposed of by this judgment.

(2.) NOTIFICATION No. 782, R, dated 21-1-1959 under Section 4 of the Act for acquisition of 25.09 acres of orchared land of village Dujra for Budh Grih Nirman Sahyog Samiti was published in Bihar Gazette, dated 4th February, 1959. Since this notification did not mention that the objection were being invited this notification was cancelled and it was substituted by a fresh notification bearing No. DLAP 43/59-7655-R, dated 1st August, 1959 which was published in the Bihar Gazette, dated 12th August, 1959. It appears from the rate report Form (Ext-D) that the lands under acquisition were classified under three categories for the purpose of rating. Those orchard lands which were situated on village road or on approach road from the village road were classified as 1st Class lands. Land which were situated in the interior without the facility of an approach road were classified as 2nd Class lands. The third category consisted of Gairmazarua Am lands. Compensation for the 1st class lands was fixed at Rs. 1,150 per katha but 20 percent was deducted for providing facility of passage and as such compensation for 1st class lands was awarded at Rs. 920 per katha. Compensation for class II lands was fixed at Rs. 600 per katlja and for Gairmazarua Am lands at Rs. 200 per katha. Petitions for reference under Section 18 of the Act were filed before the Land Acquisition Officer by the owners of the lands under Acquisition claiming compensation at the rate of Rs. 1,500 per katha and in some cases, even higher-the maximum being at the rate of Rs. 3,000 per katha. The parties also claimed different compensation in respect of trees, houses and wells which, according to them, were on those lands under acquisition. Hence, a reference was made to the learned Special Land Acquisition Judge-II, Patna under Section 18 of the Act. The learned La d Acquisition Judge has fixed the market value of the Class-I lands at Rs. 1,050 per katha and that of Class-II lands at Rs. 700 per katha. He was also ordered for statutory compensation of 15 per cent and interest at at the rate of 6 per cent per annum till realisation on the enhanced compensation.

(3.) SALE deed Ext-1 series were filed on behalf of awardees to justify their claim for higher compensation. Ext-1 the sale deed dated 25th May, 1954 in respect of 11 kathas 13 dhurkies for consideration of Rs. 19,000 which works out to be little over Rs. 1,500 per katha. It appears from the sale deed that the purchaser (vendee) has got his land on the eastern boundary of the land is also abutted by road on the west. Hence, the vendee could have offered fancy price for that land. Ext-1/a is the sale deed dated 21st July, 1959 in respect of 1.38 acres of land for Rs. 44,000 i.e. little less than Rs. 1,000 per katha, Ext. 1/B is the sale dated 5th September, 1961 by which 5 dhurs and 5 dhurkies of land of the same village has been sold for Rs. 397 i.e. about Rs. 1,100 per katha. Ext-l/D is the sale deed dated 24th July, 1959 by which 2 katha 10 dhurs of lands of the same village has been sold for Rs. 3,500 which works at Rs. 1,400 per katha. But it has got 12 feet wide road on its northern side. Ext 1/5 is the sale dated 8th August, 1959 in respect of 4 kathas of land of the same village for Rs. 9,200 which works out at Rs. 1,300 per katha Ext-1/F is the sale deed dated 23rd July, 1959 in respect of 2 kathas of land for Rs. 2,500 which works out at Rs. 1,250 per katha. This land is abutted by a road on its southern side, as it appears from the sale deed. Ext-l/G is the sale deed dated 28th September, 1959 in respect of 2 kathas of land for Rs. 3,000 which works put at Rs. 1,500 per katha Ext-1/H is the sale deed dated 29th November, 1959 in respect of 6 kathas of land appertaining to plot No. 1062 for 9,600 which works out at Rs. 1,600 per katha. It appears from the sale deed that it is abutted by a road on its western side and it is a |homestead land situted in an inhabited area having residential houses on its southern and eastern boundary Ext. 1/I is the certified copy of sale deed dated 18th September, 1961 in respect of 1 katha of land for Rs. 1,600 which comes out at Rs. 1,600 per katha.