BIJAY KUMAR BHAGAT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned AC to SC -22 for the State.

(2.) THIS appeal on behalf of the applicant -appellant has been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against the Judgment and Award dated 13.06.1990 passed in Land Acquisition Case No. 5 of 1986 passed by the court of Sub Judge -cum -L.A. Judge, Katihar, allowing the aforesaid Land Acquisition Case in favour of the applicant -appellant partly.

(3.) THE learned Sub Judge -cum -L.A. Judge, Katihar, after hearing the original applicant -appellant, Basudeo Bhagat, and the opposite party -Respondent, the State of Bihar, partly allowed the Land Acquisition Case No. 5 of 1986 in favour of the original applicant -appellant, Basudeo Bhagat, on arriving at the finding that the applicant is entitled to get the compensation at the rate of Rs. 12,000/ - per acre for his acquired land. Besides this, the applicant is also entitled to get an amount calculated at the rate of 12% per annum on such market value for the period commencing on and from the date of publication of notification under Section 4(1) in respect of the land to the date of award of the Collector or the date of taking possession of the land whichever is earlier as provided in Section 23(1)(A) of the said Act. In addition to the market value of the land, the applicant is also entitled to get a sum 30% on such market value in consideration of the compulsory nature of acquisition as provided in Section 23(2) of the said Act. Besides this, the applicant -appellant is also entitled to get interest on such excess amount at the rate of 9% per annum from the date of possession of the land to the date of payment of such excess amount.