STATE OF BIHAR Vs. THAKUR KAMTA PRASAD SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State of Bihar under the provisions of Section 54 of the Land Acquisition Act, 1894, hereinafter to be referred to as the Act, against the decision of the Additional District Judge of Arrah passed in Land Acquisition Case No. 277/88 of 1959/1961.

(2.) The State of Bihar acquired 23.70 acres of land out of plots Nos. 529 and 1262 appertaining to khata No. 1 of village Tenduni which lies close to the police station Bikram Ganj in the district of Shahabad. The acquitsition was made for the purpose of the construction of an Irrigation Research Station. The notification under Section 4 of the Act was first published on 8 -3 -57 (Ext. 3), but this was dropped on 2 -12 -57. The matter was pursued again and another notification was published on 3 -1 -59. The Collector's award indicated that the land was valued at the rate of Rs. 3,000/ - per acre which works out at about Rs. 93.75 per katha. He also allowed Rs. 860/ - for the price of the trees standing on the acquired portion. As the Government took possession of the acquired land at a time when rabbi crops were standing thereon, the award gave compensation at Rs. 810/ - for the standing crops. Besides, a solatium at the rate of 15 per cent amounting to Rs. 10.794, and an interest amounting to Rs. 2,506.92 was also granted under the award. Accordingly, the total compensation in respect of the acquired land etc. came to Rs. 86,070.92 paise. As this award was not accepted by the owner of the land (claimant) he got a reference made under Section 18 of the Act to the court of District Judge of Shahabad and the matter was heard and decided by the Additional District Judge. After a consideration of the oral and documentary evidence as well as the other attendant circumstances available in this case, the learned Additional District Judge enhanced the market value in respect of the acquired land at the rate of Rs. 800 per katha. He found no justification for enhancing the compensation which was awarded for the frees of standing crop and so he refused to grant any farther sum on those items. He further directed that the solatium at the rate of 15 per cent shall be paid on the difference of the original valuation as mentioned under the award and the increased valuation as given by him. Being dissatisfied with this order, the State of Bihar has come up in appeal before this Court.

(3.) Mr. K.P. Verma, learned Counsel appearing for the State, has attacked the compensation allowed by the learned Additional District" Judge on various grounds. There is no cross -objection or appeal by the respondent (claimant) concerning the valuation given for the trees and the standing crops. So, presently we are concerned only with the question as to what should be the fair valuation for the lands acquired.