STATE OF BIHAR Vs. BHUKHAL MAHATO

JUDGEMENT

(1.) THIS appeal has been preferred by the State Government against the judgment and decree dated 25 -9 -1987 (decree signed on 16 -11 -1987) by the then Land Acquisition Judge, Dhanbad in Land Acquisition Reference Case No. 6 of 1987.

(2.) WHEN the appeal was preferred by the State, the claimants -respondents have also filed Cross -Appeal under Order XLI, rule 22 of the Code of Civil Procedure wherein they claimed more than what has been assessed as market value of the acquired land by the Reference Court and also interest and solatium on the basis of the Amended Act, as has been held by the apex Court as reported in : AIR1985SC1576 .

(3.) IT appears that before the Reference Court, practically the Government side did not contest, rather there was concession given by the then Government Pleader in respect of the claimants' grievances. Several acquisition cases were ensued because of the acquisition of vast areas of land for the Bokaro Steel Project and different Reference Cases were also made by different claimants. In two of such cases, Raju Mahto and Ors. and Dhananjay Mahto and Ors. had to come up before this Court in First Appeal Nos. 91 and 91 -A of 1975 and a Division Bench of this Court held that the Classification should be in the mode that of Dhan I, II and III lands should be construed as Dhan -I and of Gora -I, II and III lands should be construed as Gora -I land and valuation has been made to the effect that Rs. 6,000/ - should be construed as Gora -l land per acre. Whereas Gora -I land should include Tanr one also including other classification of Gora and Tanr land. Similarly, Dhani lands had also been construed as Dhan -I land and value was made at the rate of Rs. 8.000/ - per acre. As conceded by the Government Pleader, Land Acquisition Judge had construed the present Reference case also to be a covered case on the basis of the judgment as referred to which was marked as Ext. 1 in the case.