STATE OF BIHAR Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) This appeal by the State of Bihar is directed against an award in a land acquisition case. The Awardee has also filed a cross-objection.

(2.) Two land acquisition reference cases were disposed of by the Court below by a common judgment which is under appeal, but the appeal relates only to the subject-matter of Land Acquisition Case No. 117 of 1961. The area under acquisition was 9.5 decimals in Plot. Nos. 204, 211, 212, 214 and 220 in village Sirsia in the district of Saran for construction of a bandh known as Sondhi Bandh. The notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') was published on the 7th December, 1955, and the publication under Section 6 of the Act was made on the 15th July, 1959.

(3.) The claim of the Awardee was at the rate of Rs. 1,000/- per katha for the land, Rs. 60,000/- for the building standing thereon and Rs. 2,000/- for a well. The Collector awarded compensation of Rs. 101.65 p. for the land at the rate of Rs. 1070/- per acre, Rs. 1860/- for the building and nothing for the well. He also awarded solatium at the rate of 15 per cent of the said compensation. The learned Land Acquisition Judge has raised the compensation of the land to Rs. 166.25 P. at the rate of Rs. 1750/- per acre. He has also raised the compensation for the building to Rs. 18,000/-. He has agreed with the Collector that the Awardee was not entitled to anything for the well inasmuch as it stands on Plot No. 216 which is not under acquisition. He has further ordered for solatium at the rate of 15 per cent of the compensation and interest pendente lite and future at the rate of 6 per cent on the amount in excess of the compensation allowed by the Collector.