MIRA BOSE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals are directed against a common judgment dated 21st August, 1976 passed by the 4th Additional Subordinate Judge, Muzaffarpur in Land Acquisition Case Nos. 110 and 114 of 1968.

(2.) THE land in question which has been described in paragraph-2 of the impugned judgment have been acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" only) for improvement of Muzaffarpur Pipara Kothi section of Latera Road. THE areas of the lands are 1.5 bigha and 2.358 acres respectively. THE lands are situated in village Kaspakhuti lying in the district of Muzaffarpur. THE compensation originally awarded and ultimately affirmed by the court below are Rs.3651.68p. and Rs.6425.41p., respectively. THE Collector had awarded compensation by determining the price of the lands at the rate of Rs. 1161- and Rs. 114/- per katha. But according to the land owners-applicants the market value of the lands ought to have been taken at least at Rs. 400/- per katha which according to them was the minimum rate which could be said to be prevailed on the date of notification under Section 4(i) of the Act.

(3.) ON the other hand, the District Land Acquisition Officer has examined himself as D.W.I and has also filed sale deed dated 4.6.1965 which has been marked Exhibit 'E' The date of notification under Section 4(i) in the present case is 31.7.1965. The sale deeds Exts. 1 to 1C are of the year 1962 and 1963 under which the agricultural lands of the areas measuring between 1, 1/2 kathas have been sold @ Rs. 400/- per katha. As discounted by the court below and is apparent from the sale deeds these lands are bounded at least on one side by road. Exhibit-ID and 1G which evidences post-notification sales being dated 10.9.1965 and 2.9.1965 relates to sale of lands measuring 1 katha 15 dhurs and 2 kathas having sold at the rate of Rs. 800/- and Rs. 750/- per katha. The sale deed Ext. 'E' relief upon by the acquisitioning authority is dated 4.6.1965 where under land measuring 1 bigha had been sold @ Rs. 90/- per katha.