KEDAR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal by the awardee is directed against the judgment dated 27th July, 1979, and the award and decree dated 6th August, 1979, of the Special Judge (Land Acquisition) Hajipur, in Land Acquisition Case No. 28 of 1978, which arose out of a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') made by the Special Land Acquisition Officer No. 1, Gandak Project, Muzaffarpur.

(2.) The relevant facts are that by a notification under S.4 of the Act dated 20th September, 1974, published in the gazette on 1st January, 1975, an area of 0.66 acre about 15 kathas of plot No. 32 in village Yusufpur within Hajipur Municipality was notified for acquisition for construction of store house for the Gandak Project. Subsequently the Collector under the Act awarded compensation to the awardee at the rate of Rs. 1200/- per katha which amounted to Rs. 17028/- as compensation. He further awarded Rs. 163/- for trees and the statutory solatium of Rs. 2578/-. The total amount awarded by the Collector was Rs. 19,769/-. The awardee claimed compensation at the rate of Rs. 10,000/- per katha. He, accordingly, claimed the price at that rate to be Rs. 76722/- at the market value plus the solatium minus the amount drawn under protest. It may be mentioned that the notification under S.6 had been made on 10th Feb. 1976, which was published in the gazette on 1st March, 1976.

(3.) Both parties in the reference led evidence in support of their respective claims on a consideration of which the learned Special Judge held that the fair market price of the land acquired was Rs. 6250/- per katha but further held that as the awardee had not made a claim under S.9 of the Act, he was defarred from making any claim higher than that given by the Collector in view of S.25 of the Act. Accordingly, the learned Judge dismissed the reference under S.25 of the Act as he was not entitled to claim any amount in excess of the amount awarded by the Collector.