STATE OF BIHAR Vs. PRAHALAD DUBEY

JUDGEMENT

(1.) IT appears that 7 Land Acquisition Cases were disposed of by the common judgment and award. These 6 First Appeals arises out of the aforesaid common judgment and award. First Appeal No.816 of 1991 arises out of the Land Acquisition Case No.6 of 1981, First Appeal No.817 of 1991 arises out of Land Acquisition Case No.7 of 1981, First Appeal No.818 of 1991 arises out of Land Acquisition Case No.12 of 1981, First Appeal No.820 of 1991 arises out of Land Acquisition Case No.68 of 1981, First Appeal No.821 of 1991 arises out of Land Acquisition Case No.69 of 1981 and First Appeal No.822 of 1991 arises out of Land Acquisition Case No.72 of 1981. IT appears that for the purpose of extension of Sasaram Hospital, large chunk of land was acquired by the State of Bihar. Notification under Section 4 of the L.A. Act was published in the local gazette on 02.05.1975. IT appears that more than 2 acres of land was acquired by the State of Bihar. The land belonged to different claimants. The Collector awarded Rs.13,800 in L.A. 1 Case No.6 of 1981 for 75 decimals, Rs.7,398.33 for 36 /12 decimals of land in L.A. Case No.7 of 1981, Rs.3,005.34 for 16 1/3 decimals of land in L.A. Case No.12 of 1981, Rs.3,312 for 18 decimals of land in L.A. Case No.19 of 1981, Rs.993.60 for 5 ? decimals of land in L.A. Case No.68 of 1981, Rs.5,130.83 for 24 7/12 decimals in L.A. Case No.69 of 1981 and Rs.6,000 for 34 decimals of land in L.A. Case No.72 of 1981.

(2.) THE land-holders-claimants filed application for enhancement of the compensation alleging that on the date of acquisition of land, the value was Rs.20,000 per kattha. According to them, the lands are valuable lands and situated in the heart of the town and the town is developing. THE land is by the side of Roza road. THEre are houses and shops and market near the lands acquired. THEy filed application under Section 18 of the L.A. Act for enhancement claiming the aforesaid rate. THE Land Acquisition Officer referred the application to the Land Acquisition Judge. After evidences and hearing the parties, the learned Land Acquisition Judge fixed the market value of the land at the rate of Rs.25,000 per kattha for some land which are just by the side of Roza road and Rs.20,000 per kattha which are behind the aforesaid land and, therefore, after enhancement of the market value, now the compensation has been enhanced to the extent in L.A. Case No.6 of 1981 from Rs.13,800 to Rs.12,58,071 which is to be paid by the State of Bihar in addition Rs.13,800 already paid and likewise, in L.A. Case No.7 of 1981 from Rs.7,398.33 to Rs.6,18,127.80 which is to be paid in addition to the award of the Collector which has already paid. In L.A. Case No.12 of 1981 from Rs.3,005.34 to Rs.2,82,886.29 in addition to the award of the Collector. In L.A. Case No.68 of 1981 from Rs.993.60 to Rs.87,866.76 in addition to the award of the Collector and so on and so forth in all the cases, the Land Acquisition Judge enhanced the compensation.

(3.) IN this case, the claimants have examined 41 witnesses. Most of the said witnesses are formal in nature and have produced various documentary evidences in support of the title. Only P.W.2, 3, 5 to 7, 9, 12, 15 to 19, 23, 27, 31, 36 and 39 are the material witnesses who have all stated about the market value of the land. According to these witnesses, the lands acquired are within municipal area and surrounded by house, school and residential houses. It may be mentioned here that these witnesses were deposing before the court in the year 1983. The notification under Section 4 of the L.A. Act was published in the year 1975. The witnesses are not saying the situation in the year 1975 when the notification was issued. They deposed the situation on the date when they deposed i.e. in the year 1983. The witnesses have stated that when the lands were acquired the value of the land was about Rs.20,000 per kattha. The witnesses have further stated that there were irrigation facility on the land and 3-4 times vegetables were grown in a year. These are the oral evidences. Almost all the witnesses claimed that Rs.20,000 per kattha was the market value of the land when the lands were acquired. It is well settled principles of law that on the basis of oral evidences, the market value cannot be fixed as it is not safe to rely upon the statement of witness regarding the market value.