STATE OF BIHAR Vs. SARJU RAM

JUDGEMENT

(1.) THE State of Bihar has filed this First Appeal under Section 54 of the Land Acquisition Act against the Judgment and Award dated 13.08.1987 passed by the Second Subordinate Judge -cum -Land Acquisition Judge, Ara in Land Acquisition Case No.11 of 1982.

(2.) THE applicant respondents land measuring 88 decimal comprised within 2 plots in Mauza Gaushganj was acquired for the purpose of construction of Ara Town protection Bandh. Notification under Section 4 was issued in the year 1978, i.e., on 16.12.1978. The Land Acquisition Officer awarded Rs.16,192/ - for the total land. The applicant on receipt of notice under Section 9 filed objection claiming Rs.15,000/ - to 20,000/ - per katha alleging that the land acquired by the State of Bihar for the purpose of construction of the Dam is homestead land and has got potential value. The claimant has already constructed house thereon which was demolished. At the time of Notification for acquisition, the market value of the land was Rs.15,000/ - per katha. Reference was made to the Land Acquisition Judge under Section 18 of the Land Acquisition Act. After evidences, the Land Acquisition Judge awarded total compensation of Rs.4,02,050.40/ - by fixing the valuation of the land at Rs.1,96,000/ - of the total 28 katha= 88. decimal, i.e., Rs.7000/ - per katha.

(3.) THE learned S.C.22 submitted that the State of Bihar produced the sell instances on the basis of which the compensation was awarded by the Collector. The Land Acquisition Judge strongly relied the ext.5A produced by the claimant without considering that the lands purchased through that sale deed is of different village and has wrongly fixed the rate exorbitantly. According to the learned counsel, the Land Acquisition Officer has rightly awarded the amount of Rs.16000/ - and odd for the lands acquired which was the real market value on the date of notification.