BALESHWAR CHOWDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE applicants (the appellants herein) have preferred this appeal under sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act '). It arises out of the judgment dated 29.9.1978, and the subsequent decree, passed by the learned Subordinate Judge, Purnea, in Baleshwar Choudhary and Others V/s. State of Bihar, L.A. Case No. 41 of 1972 whereby he has enhanced the amount of compensation fixed by the learned Land Acquisition Officer, Purnea, in P. L.A. Case No. 29 of 1968 -69. We shall go by the description of the parties before the court below. The State of Bihar had issued notification under sec. 4(1) of the Act on 27.9.1969. Ultimately a total of 1.98 acres of plot no. 1204, appertaining to Khata No. 17, situate at village - Champawati, P.S. -Dhamdaha, District - Purnea, was acquired for the purpose of construction of a housing colony. Plot No. 1204 covered a total area of 11 acres and 18 decimals.

(2.) The learned Land Acquisition Officer had determined a total amount of Rs.5,503.51 paise by way of compensation. The applicants were deprived of possession of the lands on and from 20.5.1970. Aggrieved by the award, the applicants took steps under sec. 18 of the Act leading to Reference Case No. 41 of 1972. The learned trial court framed the following issue for adjudication: - (i) The point for consideration is whether the applicants are entitled to get higher compensation?

(3.) THE applicants led evidence in support of their case and are enumerated hereinbelow: (i) Exhibit -1 -registered deed of absolute sale dated 16.7.1968; (ii) Exhibit -2 -Unregistered agreement for sale of 5.1.1968; (iii) Exhibit -3 -Applicants objection under section 9 of the Act; (iv) Exhibit -4 -R.S. Map. (v) Six witnesses deposed in support of the case of the applicants.