BISHWA MITRA PD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals by the land owners arise out of a common judgment and award dated 6th December 1995 passed by Sub-Judge-1 st Vaishalil, Hazipur in Land Acquisition Case No. 20 of 1990 and Land Acquisition Case No. 01 of 1992. The L.A. Case No. 20 of 1990 arose on the reference against the Award No. 27 dated 06.09.1986 passed in Land Acquisition Case No. 31 of 1982-83, and the L.A. Case No. 01 of 1992 arose on the reference against the Award No. 25 dated 06.09.1986 passed in the same land acquisition case. The land owners-appellants in both the appeals are the same persons whose land under different plots has been acquired by the respondent-State of Bihar. As common questions of fact and law arise, these two appeals have been heard together and are being disposed of by this judgment.

(2.) The notification under Section 4 of the Land Acquisition Act was published on 01.03.1993 for acquisition of the land of the appellants for the Industrial development area, Hazipur. In the land acquisition proceeding which ensued thereupon, the Award No. 25 has been passed for Rs. 2, 89, 104.15 in favour of the appellants for their acquired.5750 hectares of land of plot nos. 252, 456 and 429 of khata no. 317. By another Award No. 27, the appellants have been held entitled to Rs. 96, 787.05 for their acquired.1925 hectares of land of plot no. 257 and 283 of khata no. 625. In the awards, it has been mentioned that no objection under Section 9 of the Land Acquisition Act was raised. The appellants filed petitions praying for reference under Section 18 of the Land Acquisition Act in both the cases claiming higher value of the acquired land and, after reference the Land Acquisition Case No. 20 of 1990 and Land Acquisition Case No. 01 of 1992 were initiated before the Land Acquisition Judge. The F.A. No. 125 of 1996 has been preferred against the judgment and award in the Land Acquisition Case no. 20 of 1990 and the F.A.126 of 1996 has been preferred against the judgment and award in the L.A. Case No. 01 of 1992.

(3.) In their petitions, the appellants have pointed out that even earlier to this acquisition, the respondent-State of Bihar had already acquired substantial area of their land. It has been further stated that the acquired area of the land in question was class I Bhit land having much potential value as the appellants had been growing cash crops therein. The appellants have also stated that the rate of the acquired land on the date of notification was Rs. 30,000/- per katha but the valuation assessed by the land acquisition authorities have been on much lower scale and against the prevalent sale rate in the locality.