STATE OF BIHAR Vs. ANANT SINGH

JUDGEMENT

(1.) THIS batch consists of 83 appeals preferred by the State of Bihar from the judgment and decrees passed by the learned Additional District Judge, 1st Court, Patna, dated the 27th February, 1956, in a batch of land acquisition cases on reference under the Land Acquisition Act. THIS judgment will govern all these appeals which have been heard together.

(2.) BY a notification dated the 13th of December, 1947, under Section 4 of the Land Acquisition Act, 1894 (Act I of 1894) the State Government had decided to acquire 242.884 acres of land for the improvement of the town of Patna. Ultimately, it was decided to acquire a smaller area, within the larger area mentioned above, in the first phase of the acquisition. BY actual measurement, the acquisition in the first phase came to 112.033 acres. The subject-matter of these appeals fall within the smaller area acquired in the first phase. The acquired area is shown in a plan brought on the record and marked as Exhibit M. The awards of the Special Land Acquisition Officer acting as Collector in this case were ultimately given on the 5th of November, 1954, and delivery of possession was taken on the 29th of November, 1954. It may be mentioned here that in the meantime, Bihar Planning and Improvement Trust Act, 1951 (Bihar Act XXXV of 1951) had come into effect and the Patna Improvement Trust had come into being. Possession was taken, in fact, by the Patna Improvement Trust under its scheme for improvement.

(3.) THE question of valuation arises under the following circumstances: Upon a reference to exhibit M, it will appear that, roughly speaking the acquired land falls into two blocks, east and west of a road named Arya Kumar Road. THEn, these two blocks have been divided into, what are called belts. THEre are two belts on the two sides of the road, immediately to the east and to the west which are of depth of 100 feet on each side. THEn, coming to the block of land to the east of the road, leaving out the 100 feet belt, the remainder has been sub-divided into five belts running north and south, upto another road named Saidpur Road, Towards the west of Arya Kumar Road, leaving out the 100 feet belt, the block has been sub-divided into three more belts, running north-south. Thus, towards the east of Arya Kumar Road, there are six belts running more or less, in all, four belts running north-south, and one belt running more or less east-west at the extreme southern end. THEn some of these belts to the east and west of Arya Kumar Road are again sub-divided into, what may be called, sub-blocks with different valuations. THE first 100 foot belt to the east of Arya Kumar Road is divided into sub-blocks with the following valuations :- (a) F valued at Rs. 800/- per katha; (b) G valued at Rs. 900/- per katha, (c) H valued at Rs. 1,000/- per katha, and (d) J valued at Rs. 800/-per katha. THE next belt to the east of this 100 foot belt is divided into two sub-block as follows : - (a) C valued at Rs. 600/- per katha, and (b) C1 valued at Rs. 550/- per katha. THE next belt to the contiguous east is divided into two sub-blocks as follows (a) D valued at Rs. 450/- per katha, and (b) DI valued at Rs. 400/- per katha. THE next belt to the east is divided into two sub-blocks as follows :- (a) E valued at Rs. 300/- per katha; and (b) E1R valued at Rs. 275/- per katha. THE next eastern belt running from north to south is valued wholly at Rs. 250/- per katha. THE last belt towards east of this block is divided into two sub-blocks, as follows :- (a) A valued at Rs. 300/- per katha; and, (b) A1 valued at Rs. 350/- per katha.