SHEOPUJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of land acquisition proceedings. They have been heard together and will be governed by this common judgment.

(2.) By notification no. 872, dated 26.12.1967 the State of Bihar acquired some land for the construction of Sone Bridge in the district of Shahabad (now Rohtas). In Land Acquisition Case No. 17/65, out of which F. A. 133/67 arises the land of khata no. 28 plot no. 347 having an area of 1.25 acres (40 kathas) had been acquired and a sum of Rs. 2795.39 paise was awarded as compensation by the Collector. In Land Acquisition Case No. 15/64, out of which F. A. No. 136/67 arises, the land of katha no. 23, plot no. 332 having an area of 0.16 dec only was acquired and a sum of Rs. 357.81 was awarded as compensation by the Collector. The appellants received the money under protest and filed applications under section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') claiming higher compensation. According to the case of the appellants, the land was within Dehri Notified Area Committee and it was closeto the river, railway line and the station. They further claimed that it had potential value and the compensation awarded by the Collector was wholly inadequate.

(3.) In support of their case the appellants filed a number of documents, including Ext. 3/a, a judgment passed in another land acquisition case, dated the 2nd Septemper, 1965, and examined three witnesses. One witness was also examined on behalf of the State.