STATE OF BIHAR Vs. MOSAFIR THAKUR

JUDGEMENT

(1.) These five appeals arising out of land acquisition cases have been heard together and are being disposed of by this common judgment.

(2.) About 22.96 acres of land, were acquired vide Declaration No. 39/C-70 L. A. S. dated 20th September, 1969 for the Anugrah Memorial College, Gaya. The lands are situated in Mauza Katari, Thana No. 182 within the Gaya Municipality. The Collector fixed the compensation at Rs. 10,170.00 per acre for the acquired lands. The persons, whose lands were acquired, objected to the rate fixed by the Collector and the cases were referred to the Land Acquisition Judge under Section 18 of the LAND ACQUISITION ACT, 1894, Before the Court, evidence was led on behalf of the State of Bihar as also the applicants, namely, those whose lands have been acquired. Some sale deeds were also tendered, into evidence and the applicants (respondents) also filed certified copies of two judgments which were admitted into evidence. On consideration of the evidence on record,, the learned 5th Additional District Judge fixed the value of the lands at Rs. 1,650.00 per Katha which comes to roughly about Rs. 54,450.00 per acre. He also allowed 10 per cent. on the above amount on account of potential value of the lands and further held that the applicants were entitled to 15 per cent on the total amount so calculated on account of compulsory nature of the acquisition. The applicants were also held to be entitled to interest at Rs. 6.00 per annum on the total amount of compensation less already paid or deposited from the date of taking possession.

(3.) The State of Bihar has filed these appeals and has challenged the valuation fixed by the learned 5th Additional District Judge. In First Appeal No. 576 of 1975, a cross-objection has been filed by the applicants-respondents, which (sic) has been valued at Rs. 20,000.00.