STATE OF BIHAR Vs. DWARIKA NATH JHA

JUDGEMENT

(1.) This appeal and cross objection arise out of a judgment, passed in L. A. case No. 88/76 of 1968 by Sri G.S. Verma, 1st Additional Subordinate Judge, Puraea, whereby, and whereunder, he enhanced the valuation of the acquired property fixed by the Land Acquisition Department, but rejected respondent's claim of carriage cost of the acquired building materials known as Manager's bungalow. Against that order both State of Bihar and the respondent on behalf of Raj Darbhanga have filed the present appeal and cross objection.

(2.) A notification under Section 4 of the Land Acquisition Act (hereinafter to be called as 'the Act') was published on 4-6-1956 for acquisition of certain lands and buildings standing thereon, details of which have been given in the judgment of the court below, of (sic) Bhawanipur Rajdham, in the district of Purnea for the purpose of construction of Anchal-cum-Block Development office there. There is no controversy that out of the acquired land, 3. 83 acres was sold by Darbhanga Raj to respondent Bhubneshwar Prasad by a sale-deed dated 14. 8. 1961, on which there was a godown and therefore, he is entitled to compensation in respect of that property.

(3.) The main dispute between the parties was in respect of the amount of compensation both for the land & the buildings standing thereon. According to the respondent claimants, the amount of compensation for the land should have been fixed at Rs. 6000.00 per acre, whereas, the land Acquisition Department had fixed it at the rate of Rs. 1175.00 per acre for Bhit III land Rs. 1410.00 for Bhit I land, mainly, on the basis of a sale-deed (Ext. 'K'.)