STATE OF BIHAR Vs. RAM REKHA MAHTO

JUDGEMENT

(1.) THE sole appellant being aggrieved and dissatisfied with the judgment and award dated 18.09.1991 passed by learned Sub -Judge -III, Sasaram whereby and whereunder seven land acquisition cases were disposed of by the common judgment and award including the Land Acquisition Case No. 17 of 1981/42 of 1989.

(2.) IT appears that for the purpose of extension of Sasaram Hospital, large chunk of land was acquired by the State of Bihar and for that Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') was published in the local Gazette on 01.09.1976. The lands under reference were acquired by the State of Bihar the appellant through the Land Acquisition Officer, Bihar in L.A. Case No. 3/V -1976 -77. The Award further mentions that the amount of compensation was determined on the basis of sale deed for the lands in the vicinity prior to notification under Section 4(1) of the Act. The lands belonged to different claimants. In Land Acquisition Case No. 17 of 1981, 0.24 decimals of land was acquired from Khata No. 24, Plot No. 267, for which amount of Rs. 4,858.75 Paisa was paid to the sole respondent which he received under protest.

(3.) THE learned Sub -Judge further awarded solisitium interest at the rate of 30 % on the amount of enhanced compensation under the amended Sections 23(2) of the Act and also interest at the rate of 9% per annum on the enhanced amount of compensation from the time of taking possession till the realization of the compensation awarded. However, no cost was awarded. Thus, total amount of Rs. 4,78,142.49/ - was further to be paid to the applicant/respondent.