MANIKANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) OUT of 11 Land Reference Cases decided by this common judgment and award dated 23.12.1981, the claimants of only 4 Land Reference Cases i.e. Land Acquisition Case Nos.26/1978, 25/1978, 27/1978 and 28/1978 have filed these four First Appeals being First Appeal No.125 of 1982, 119 of 1982, 120 of 1982 and 121 of 1982 respectively.

(2.) THE State of Bihar acquired 79.86 acres of land of Mauja Banmankhi, P.S. Dhamdaha, District- Purnea for the purpose of rehabilitation of East Pakistan Refugees. Notification under Section 4 of the Land Acquisition Act was published on 19.01.1976. In Land Acquisition Case No.26 of 1978 giving rise to First Appeal No.125 of 1982 lands involved is 9.35 acres for which total compensation awarded by the Land Acquisition Officer is Rs.48,138.94. Likewise, in First Appeal No.119 of 1982 arising out of Land Acquisition Case No.25 of 1978 lands involved is 8.80 acres and the total compensation paid by the Land Acquisition Officer is Rs.38, 306.77. In First Appeal No.120 of 1982 arising out of Land Acquisition Case No.27 of 1978, lands involved is 7.67 acres and the total amount of compensation paid by Land Acquisition Officer is Rs.35,989.15 whereas in Land Acquisition Case No.28 of 1978 giving rise to First Appeal No.121 of 1982, total land involved is 1.05 acres and the total compensation paid by Land Acquisition Officer is Rs.3, 604.39. THE Land Acquisition Officer awarded the aforesaid compensation fixing the market value of the land at Rs.1, 990 per acre for Bhit II, Bansbari and orchard land. Dhanhar II and Dhanhar I land was fixed at Rs.2, 985 per acre and Parti land was fixed at Rs.995 per acre. Out of total 79.86 acres of land acquired, Dhanhar I land was 48.65 acres, Bhit II land was 28.03 acres. Bhit II, Bansbari and Mango Orchard land was 1.94 acres, Parti land was 0.87 acres. House was on 0.37 acres. In all the cases, the claimants were claiming for fixation of the prevalent market value at Rs.33, 721 per acre.

(3.) IN view of the above contentions of the parties, the only point arises for consideration in these appeals is "whether the compensation awarded by the Land Acquisition Officer and confirmed by the Land Acquisition Judge is just, proper and correct compensation" or "whether the claimants are entitled for enhanced compensation on the basis of the rate which they are claiming?"