TRIBENI DEVI SARAWGI Vs. COLLECTOR

JUDGEMENT

(1.) Both these appeals which are in the nature of cross appeals, arise out of the judgment and award, made under Section 18 of the Land Acquisition Act by the Second Additional Judicial Commissioner of Chotanagpur, Ranchi. First Appeal No. 14 of 1965 is by the claimants and First Appeal No. 18 of 1965 is by the State, Order 275 acres equivalent to 11979 sq. fit of land appertaining to Municipal Survey Plot No. 1784 bearing municipal holding No. 275-A, having some structures on a part thereon, was acquired by the State of Bihar for construction of a building for Handicraft Sale-curn-Procurement Depot at Ranchi, This land was situate on the "Main Road" of Ranchi town and was classified as homestead and Makan. The relevant notification under Section 4 of the Act was issued on 29-9-1961. The awardees had claimed a sum of Rs. 5,00,000/- as compensation but the Land Acquisition Officer awarded Rs. 25,561, 25 for the land and Rs. 13,000/- for the structures. He also awarded an additional compensation under Section 23 (2) on the market value amounting to Rs. 5,874.19 and Rs. 3,834.19 as damages under the various clauses of Section 23 of the Act. In this way he awarded a total compensation of Rs. 48,179.63. The above award was prepared only in the name of Smt. Tribeni Devi Sarawgi, but her son Harakchand Sarawgi claimed that he was the owner of the structures and accordingly he claimed the compensation awarded for the structures. However, both of them applied for referring the matter to the Court and accordingly the case was referred.

(2.) Learned Counsel for the State of Bihar argued that the learned Additional Judicial Commissioner has adopted a wrong method of determining the compensation. According to him, he should have done that on the basis of the documents of sale of lands in the locality.

(3.) In the case before us, however, no sale deed of such a transaction of land was filed, and as it appears from the report of the Land Acquisition Officer (Ext. D) he could find only one transaction of sale with respect to Municipal Plot No. 1786 which was executed on 25-7-1961 at the rate of Rs. 71,500/-per acre. This plot, as has been verified from the plan was not situated on the "Main Road" but was at some distance on a much narrower road. A few other sale-deeds which are exhibited were of lands situated still further and neither the Court below nor counsel for the State placed any reliance on those documents.