RAJENDRA SINGH Vs. SATYADEO SINGH

JUDGEMENT

(1.) ONE set of objector have filed both these First Appeals against the common Judgment and Award dated 23.12.1978 passed by Sri Shiv Narain Gupta Ist Subordinate Judge-cum-Land Acquisition Judge, Chapra in land acquisition case No.141 of 1965 and 96 of 1965. First Appeal No.265 of 1979 arises out of land acquition case No.141 of 1965 whereas First Appeal No.266 of 1979 arises out of land acquisition case No.96 of 1965.

(2.) THE State of Bihar-respondent No.5 in both the Appeals acquired the lands measuring 3.5 decimal of plot No.1106 and 2 decimal of plot No.1104 and notification under Section 4 was issued in the year 1962 and land acquisition case No.94 of 1962-63 was initiated. THE Land Acquisition Officer fixed the rate of the land at Rs.150/- per katha. THE objectors filed application under Section 18 and also under Section 30 claiming that the value of the land acquired on the date of notification was Rs.25,00/- per katha and compensation is to be apportioned between the objectors. THE Land Acquisition Officer referred the claim to the Land Acquisition Judge which was numbered as land acquisition case No.96 of 1965 and land acquisition case No.141 of 1965.

(3.) THE learned counsel for the appellant submitted that the learned Court below has wrongly appreciated the oral as well as documentary evidences on the point of fixing the prevalent market value of the lands acquired and also the apportionment of the compensation. According to the learned counsel, there are overwhelming documentary evidences in proof of the value of the land at Rs.2500/- per katha in 1962-63 and likewise there are overwhelming evidences in support of the inheritance of the share of Birja Singh by the appellant but the learned Court below wrongly recorded a finding against the appellants.