STATE OF BIHAR Vs. MAHESHWARI PRASAD

JUDGEMENT

(1.) This First Appeal has been tiled on behalf of the claimant appellant against the judgment and decree passed by the reference court dated 3-4-81 in a Land Acquisition case No. 38/48 of 1977/1979 which arises out of an award with respect to plot No. 2491 Khata No. 444 having an area of 1.68 acres of land in village lalkhapur Dumra, P.S. and District Sitamarhi. The case of the claimant appellant in short is that the land measuring 1.60 acres of land pertaining to the aforesaid plot which is situated quite close in the Sitamarhi Cpllectorate and the District Judge's Court on the eastern side of Sitamarhi P.W.D. Road. It is further alleged that the land, in question, is first class Bhit land having irrigational facilities. Prior to taking of possession, the appellant used to raise three crops per year. During the extension of Dumra Township and creation of Sitamarhi district the potentiality of the land has very much increased and became an ideal site for both commercial and residential purposes even prior to the acquisition there were number of Government buildings and the houses of lawyers and other respectable persons. After receipt of the notice under Section 9 of the Land Acquisition Act (hereinafter referred to as the 'Act'), the object appellant filed objection on 14-7-73 claiming compensation at the rate of Rs. 8,000 per katha besides 15% statutory allowance and other damages including interest from the date of possession taken by the Department in the year 1972 till the declaration of award under Section 11 of the Act. In support of the claim, the claimant filed as many as fourteen sale deeds of the year between 1968 to 1973, all relating to adjourning plot being plot nos. 2501, 2453 showing the sale price in between 7890/- to 8000 per katha. The claimant further stated that the acquired land is much superior to the land sold as mentioned above. The Superintending Engineer, Sagmati Project took possession of the land under acquisition and fixed valuation amounting to Rs. 8125606 paise only i.e. at the rate of 2000 per katha only. The claimant being aggrieved by the fixation of extremely low compensation filed a petition before the Special Land Acquisition Officer, Bagmati Project, Sitamarhi for reference under Section 18 of the Act. It may be mentioned here that the Special Land Acquisition Officer though fixed the compensation at the rate of Rs. 3000 per katha but finally determined Rs. 2000 after deducting Rs. 1000 for development cost. The learned Special Judge on the basis of the pleadings of the parties, has framed various issues out of which issue No. 3 reads as follows:

(2.) Being aggrieved and dissatisfied with the judgment and decree of the Special Judges, the appellant State has filed the instant appeal. The principal and in fact the only argument of the learned Counsel for the appellant is that the Special Judge has neither considered the documentary evidence nor has examined any person connected and/or any way related with the land situate nearby the land under acquisition and accordingly it is submitted that the judgment and decree under appeal is wholly illegal and cannot be allowed to stand. It may be mentioned here that in this case only one witness, on behalf of the appellant, was examined, who joined as typist in the office of the Land Acquisition Officer only in 1977, much after issuance of the notification, for acquisition of the land in question whereas the claimant has examined as many as eight witnesses in support of his claim besides number of documents as mentioned above.

(3.) Mr. Mazumdar, learned Counsel for the claimant respondents, on the other hand, contradicted the argument of the appellant. He has placed the entire judgment of the Court below and has submitted that the learned Special Judge while passing the impugned judgment has relied upon various documentary evidences.