STATE OF BIHAR Vs. SHITAL BHAGAT

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 27-5-1991 and 4-6-1991 respectively passed by the Land Acquisition Judge, Chaibasa in the Land Acquisition Reference Case No. 77 (70) of 85 allowing the aforesaid land acquisition reference case and enhancing the compensation payable to the claimant- respondent.

(2.) It appears that the Slate of Bihar acquired land of village Badia, RS. Ghatshila, P.S. No. 167 in the district of Singhbhum. It appears that the land of said village was acquired pursuant to the notification issued in 1985 under Section 4 of Land Acquisition Act. Besides other land, petitioner's land measuring an area of 1.47 acre of different plots was acquired and the Collector prepared an award and the compensation assessed in respect of the land of the claimant was Rs. 20,615/-. Aggrieved by the said award, the claimant-respondent filed an application under Section 18 of the Land Acquisition Act before the Land Acquisition Officer, Adityapur, Jamshedpur, for referring the matter to the Land Acquisition Judge for deciding the quantum of compensation. 'The Land Acquisition Judge, Chaibasa (hereinafter referred to as the learned Court below) decided the reference by the impugned judgment and award. The case of the claimant at village Badia adjacent to the Musabani Block and it is situated at a stone's throw distance from the town. The claimant's further case was that it is a very fertile land and adjacent to the main road leading to Musabani, which is an industrial town. According to the claimant, the market valuation of the land is at a minimum Of Rs. 1000/- per decimal. Both the parties led evidence before the learned Court below. The claimant respondent examined three witnesses while one witness was examined on behalf of the appellant State. The claimant-respondent also proved a sale deed in support of his case, which was marked as Bet. 1. AW 1, D.S. Singh, stated in his evidgnt that his father is very old and not in a position to come to Court. He further deposed that his father sold 39 decimals of land in the year 1983 on consideration of Rs. 40.000/-. AW 2, Md. Ibrahim stated in his evidence that he is a resident of Badia and he knows Hiralal Singh, who sold his land to Nityanandji at a price of Rs. 1000/- (rupees one thousand) per decimal. AW 3, SS Acharya has proved the sale deed (Ext. 1) which was registered being saledeed No. 24 of 1983. The claimant who was examined as PW 4 stated inter alia that his land was acquired for the purpose of Government in the year 1984-85. At that time, market value of the land at Badia village was in between Rs. 1000/- and 1002/- per decimal. He further stated that his land was just adjacent to the main road, which leads to Musabani town, which has commercial importance. On the other hand, one John Tuti Special Land Acquisition Officer, Sub- ernrekha Project. Adityapur was examined as OPW 1, who, in his deposition stated that he inspected the land which was acquired for the purpose of constructing main canal at Galudih. After completing the inspection, he prepared the rates for acquisition which is under the signature of the Dy. Commissioner. In course of cross-examination, the witness has stated that he has got no knowledge about the market valuation of the property and he further stated that for the purpose of market valuation, the records of the Registry office are correct. Documentary evidence brought on record from the side of the appellant were Ext. A, which is a rate chart; Ext. B, copy of the Commissioner's letter and Ext. C is the copy of the order sheet of Special Land Acquisition Officer, Adityapur.

(3.) Mr. P.D. Agrawal, learned Government Pleader No. 2 assailed the judgment and award of the learned Court below as being illegal and contrary to the evidence on record. Learned counsel submitted that the Court below while determining the valuation of the land has failed to consider the nature and potential of the land. The learned counsel lastly submitted that Ext. 1 (sale deed) could not have been the basis for determining valuation.