STATE OF BIHAR Vs. SAHODRA DEVI

JUDGEMENT

(1.) THE State of Bihar has filed these three first appeals against the common judgment and award passed by the court below in L.A. Case No.14 of 1978, L.A. Case No.04 of 1978 and L.A. Case No.11 of 1978 passed by the learned Subordinate Judge -III -cum -Land Acquisition Judge, Rohtas at Sasaram dated 12.04.1989.

(2.) IT appears that total 33.33 acres of land of different land holders were acquired by the State Government for construction of Sasaram Agricultural Marketing Yard and Building in village Takya, P.S. Sasaram in the year 1973 being DLA -SHP No.129 of 1973. The Land Acquisition Officer awarded compensation to the extent of Rs.8,372.97 in L.A. Case No.04 of 1978 giving rise to F.A. No.470 of 1989, Rs.3,416.56 in L.A. Case No.11 of 1978 giving rise to F.A. No.474 of 1989 and Rs.3,936.76 in L.A. Case No.14 of 1978 giving rise to F.A. No.468 of 1989. The land acquired in L.A. Case No.04 of 1978 is 1 acre 34 decimals, in L.A. Case No.11 of 1978 is 0.58 acre and in L.A. Case No.14 of 1978 is 0.47 acre.

(3.) THE claimants claimed enhancement of compensation on the ground that the Collector has awarded much less compensation than the market value of the land. The Collector did not consider the quality of the land which are Dih land fit for residential purpose. The locations of the land acquired have not been considered which are very near to Sasaram -Chausa Road and are within Sasaram Municipality Area. The land is also connected with Grand Trunk Road and Sasaram Railway Station. Moreover, the lands are by the side of Bazar and the same is acquired for marketing yard and Bazar is famous for grain mundi. On these grounds the claimants claimed five thousand per katha.