INDRAJIT NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE applicant (appellant herein) has preferred this appeal under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as 'the Act'). It is directed against the judgment dated 3.9.1984, and the consequent decree, passed by the learned Subordinate Judge, Motihari, in Land Acquisition Case No. 1 of 1982, whereby he has in substance affirmed the award of the learned Land Acquisition Officer -cum -Collector of the District. We shall go by the description of the parties before the court below.

(2.) THE State of Bihar issued notification under Section 4 of the Act. Ultimately a total of 1.19 acres of land of Khesra Nos. 1297, 1263 and 1217 under khata Nos. 351, 161 and 260, respectively, belonging to the applicant and situate in village Bahadurpur, P.S. Gobindganj, No. 101, district East Champaran, was acquired by the State of Bihar under the Act for the purpose of Tilaway Drainage Scheme. The applicant was deprived of possession of the lands in question on 24.3.1981, the date of award of the learned Land Acquisition Officer. Aggrieved by the award, the applicant took steps under Section 18 of the Act leading to Reference Case No. 1 of 1982, which has been disposed of by the impugned judgment. The learned trial court framed the following issues for adjudication: