STATE OF BIHAR Vs. MEHDI HASAN

JUDGEMENT

(1.) THE State of Bihar has filed this appeal against the Judgment and Award dated 27.09.1994 passed by Sri J.P. Singh, the learned Subordinate Judge-cum-Land Acquisition Judge, Muzzafarpur in land acquisition case No.58 of 1981.

(2.) IT appears that 1.80 acres of land belonging to the applicant in village Rohua Apuch forming portion of R.S. plot NO.2633, 2486, 2539 and 2476 was acquired by the State of Bihar for the purpose of North Bihar Industries Development. Notification under Section 4 was issued on 12.04.1978 and possession was taken on 19.06.1978. Award No.16 dated 12.05.1979 for a sum of Rs.24,140.75/- was prepared and paid to the applicant in total.

(3.) ON the other hand, the learned counsel appearing on behalf of the respondent submitted that the learned Court below in the impugned Judgment, considered various sale deeds of the land of the neighboring village and also the Judgment passed earlier in other land acquisition cases wherein the lands were acquired for the same purpose by the State of Bihar and then recorded a finding and fixed the prevalent market value of the land. Therefore, the impugned Judgment and Award cannot be set aside. According to the learned counsel, the evidences produced by the applicant-respondent was in fact ex-parte and there was only one witness on behalf of the State of Bihar.