STATE OF BIHAR Vs. NIZAMUDDIN AND ANOTHER

JUDGEMENT

(1.) Heard Sri Randhir Kumar, A.C. to SC-18 for the appellant and Sri Ravindra Nath Dubey, the learned counsel for the respondents.

(2.) The instant appeal has been preferred against the judgment and award dated 18.06.2003 passed by Shri Shiva Shankar Sharma, the then 1st Additional District Judge-Cum-Land Acquisition Judge, Nawadah in L.A. Case No. 06 of 1991/ 60 of 1986 in the matter of Md. Nizamuddin and Others.-Applicants v. The State of Bihar-Opposite party, whereby and whereunder, the reference was allowed partly and the applicants were held entitled to get compensation @ of Rs. 300/- per decimal, further to get 30% by way of additional statutory compensation because of compulsory nature of the acquisition, also for interest @ 9% per annum on the excess amount and the additional compensation @ 12% per annum from the date of issue of notice under section 4 (1) of the Act up to the date of Collector's award or the date on which possession of the acquired land was taken by the State whichever is earlier and accordingly directed to prepare the award. The opposite party is the appellant and the applicants are the respondents.

(3.) For construction of Phulwariya Reservior Scheme the State Government of Bihar acquired 22 acres of land under C.S. Khata No. 62, plot No. 28 of Village- Bhitiya, P.S. Rajauli and for that declaration No. 730 dated 31.12.1981 was made and the award was accordingly prepared and the compensation amount was ordered to be deposited in the treasury in the name of the State of Bihar as the revisional survey khatiyan was prepared in the name of the State of Bihar. The respondents Md. Nizamuddin and Noor Mohamad filed objection before the Special Land Acquisition Officer claiming the said land as absolute owners and in peaceful possession at the time of the acquisition on the basis of the settlement by the ex-landlord in the year 1939 for which Hukumnama was also granted with respect to 30 acres of land of plot No. 28 of khata No. 62 (Ext.1) and since then in continuous cultivation possession. The ex-landlord realized rent and granted rent receipts (Ext.2). At the time of vesting of Zamindari return was also filed in their names only for 22 acres of the said plots and State rent receipts were also granted vide Exts. 5 and 5/I. They also claimed that the market value fixed by the Land Acquisition Officer was abnormally low and it was Rs. 500/- per decimal at the time of acquisition.