JAI CHAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This First Appeal has been preferred against the judgment and decree dated 20.3.1978 passed by Sri Bageshwari Prasad, Sub-Ordinate Judge, Jamui, in Land Acquisition Case No. 10 of 1977 whereby the learned Sub-Ordinate Judge has been pleased to dismiss the reference under Section 18 of the Land Acquisition Act (hereinafter to be referred as "Act") filed by appellant Jai Chand Singh for revision of the award on the ground of inadequate compensation.

(2.) THE brief facts of the case are as follows: 4.06 acres of land belonging to the appellant Jai Chand Singh situated in Mauza Barhat was acquired by the Land Acqusition Officer as per Declaration No. 4R dated 27.5.1975 published at page 119 Part II of Bihar Gazette dated 16.6.1975. THE lands were acquired in connection with Kukurjhap Irrigation Scheme, In the proceeding of land acquisition, award was given and under Section 11 of Act, the Collector fixed compensation in the following manner: For land ..................Rs.8327.06 pa. 15% over that amount.......Rs.1249.06 pa. ----------------- Total Rs. 9576.12 pa. ----------------- Accordingly, under Section 12(2) of the Act, notice was served upon the appellant who made appearance in the proceeding and filed objection on the ground of inadequacy of compensation and made prayer for referring the matter to the Civil Court for final adjudication. Accordingly, the Collector, Munger, made reference to the District Judge under Section 18 of the Act. It further transpires that the appellant in his objection petition has claimed the value of the land @ Rs. ten thousand per acre as the land which was acquired used to yield three crops in a year. It has further been contended that notice under Section 9 of the Act was never served upon the appellant.

(3.) AGAINST the said order of dismissal the appellant has filed this First Appeal.