STATE Vs. KAMLA PRASAD

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 1.7.1974 passed in L.A. Case No. 15/10 of 1973 by the Additional Sub-Ordinate Judge IVth, Motihari, whereby he has been pleased to fix the valuation of the acquired land @ Rs. 12,000/- per acre with 15% additional compensation and interest a 6% per annum and has also held that the petition filed by the applicants for enhancement of valuation of land was within time and not barred by limitation. Page 1180

(2.) THE brief facts of the case are as follows: THE case of the applicants, in short, is that 88 decimals of land appertaining to Plot No. 458 under Khata No. 3 of village Pipra belonging to the applicants-respondents was acquired by the State Government for implementation of Lateral Road Project and construction of road from Muzaffarpur to Pipra Kothi. Some other lands belonging to the family members of the applicants were also acquired in connection with the project and, accordingly, notices were Issued to the applicants and others. Further case Is that the Land Acquisition Officer, Champaran, fixed the valuation of the land at Rs. 3721.62 paisa and accordingly Award No. 5 was prepared in the name of the applicants in connection with this acquisition. THE objection of the applicants is that the valuation fixed by the Land Acquisition Officer is very low and in the vicinity the valuation of similar type of land is Rs. 30,000/- per acre. THE acquired land, in question, is very valuable being close to Pipra Bazar and nearer to Main Road. Shops and schools are situated by the side of the land and, therefore, the valuation of acquired land can not be assessed below rupees twenty five thousand per acre. Further case is that Award No. 4, 8, 9, 10, 11, 12 along with Award, in question (Award No. 5) were prepared for an area of 2.71 acre in the name of the applicants and their brothers and, as such, the applicants and his brothers had filed joint objection petition regarding the low valuation of the land. THE said joint petition was filed on 22.4.1967 and the Land Acquisition Officer referred the matter to the District Judge under Section 18 of the Land Acquisition Act in connection with Award No. 4, 8, 9, 10, 11 and 12 but so far Award No. 5 is concerned, the Land Acquisition Officer directed the applicants to file a separate application and, as such, the applicants filed separate application under Section 18 of the Land Acquisition Act and the matter was referred to the District Judge on the basis of which Land Acquisition Case No. 15/10 of 1973 was instituted which was disposed of by the Additional Sub-Ordinate Judge 4th, Motihari, on 1st July, 1974. It appears that the State of Bihar appeared and contested the claim of the applicants but did not choose to file any rejoinder.

(3.) FROM the perusal of the judgment of the Additional Sub-Ordinate Judge as well as from the perusal of the record it appears that for implementation of Lateral Road Project between Muzaffarpur and Pipra Kothi 2.71 acre of land belonging to the family members of the applicants were acquired and Award No. 4, 5, 8, 9, 10, 11 and 12 were prepared in connection with the said acquisition. It further transpires that on 1.4.67 the applicants received award money under protest and on 22.4.1967 a joint petition was filed by the applicants and their brothers before the Land Acquisition Officer under Section 18 of the Land Acquisition Act for reference of the matter to the District Judge for reassessment of valuation of the land. It further transpires that the Land Acquisition Officer referred the matter to the District Judge so far Award No. 4, 8, 9, 10, 11 and 12 were concerned and with respect of Award No. 5, he directed the applicants to file separate petition, It further transpires that on 21.3.70 the applicants filed objection petition which was received in the Land Acquisition Office on 26.3.70.