JANKI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS first appeal under Section 54 of the Land Acquisition Act has been filed by the claimant-appellant against the judgment and award dated 29. 7. 1986 under Land Acquisition case no. 77 of 1983 by which the claim made by the appellant for enhancing compensation on reference under Section 18 has been rejected.

(2.) IT appears that the respondents-State acquired 0. 905 acre land of plots no. 436, 439 and 438 situate at Village-Deori, thana-Colgong, District-Bhagalpur, belonging to the claimant-appellant. The declaration under Land Acquisition Act was issued on 20. 10. 1981 published in Gazette on 1. 11. 1981. The Land Acquisition Officer declared the value of the land at the rate of rs. 4,166/- per acre. The entire land, as acquired under the said scheme, was 14. 30 acres. Reference under Section 18 of the land Acquisition Act was made at the instance of claimant-appellant who claimed compenstation awarded by the Land Acquisition officer to be inadequate. The appellant claimed that the value of the land ought to have been determined at the rate of Rs. 6,000/- per katha which was the market rate at that time. He further, claimed Rs. 15,000/-for a Pucca well and Rs. 1,000/- for Kachcha well and rs. 1,500/- for a Neem tree standing on the land in question.

(3.) IN support of his claim the appellant examined himself as A. W. 4 and also examined Sri musafir Singh, A. W. 1, Sri Raj kumar Singh, A. W. 2, and Hardeo Singh, a. W. 3. The appellant further filed certified copies of two registered sale deeds (Exhibits-1 and 1/a), which related to sale of land in willage-Mathurapur. It was alleged by the appellant that there were School, hospital, Market and Railway Station near the acquired land and the acquired land has the facilities of irrigation. On behalf of the State-respondent no evidence appears to have been led before the Reference court.