RAM NARAIN GOPE Vs. DY COMMR HAZARIBAGH

JUDGEMENT

(1.) This First Appeal arises out of a judgment and award dated 28th January, 1978 passed by Sri Victor Topno, 1st Additional Sub-Judge, Hazaribagh in L.R. No. 171/73, whereby and whereunder, the 75-88 said learned Court awarded a compensation of a sum of Rs. 14,241.78 paisa towards acquisition of land belonging to the appellant. By a notification dated 4-12-1979, issued under Section 4 of the Land Acquisition Act, 1894, the lands of the appellants in Plot No.390 measuring 84 decimals pertaining to Khata No.74 situate in Village Sarlai, P.S. and District Hazaribagh was acquired in Land Acquisition Case No. 10 of 1969-70 for construction of quarters of Damodar Valley Corporation staffs.

(2.) A declaration under Section 6 of the Land Acquisition Act was published on 22-91970. The learned Land Acquisition Officer awarded a compensation of Rs. 10,092.77 paisa to the appellants, who being aggrieved and dissatisfied therewith filed an application under Section 18 of the Land Acquisition Act, for reference of the said case before the Land Acquisition Judge.

(3.) According to the appellants, the land in question is situate within Hazaribagh Municipality and have all the facilities of a residential area. In the locality, there are several schools like St. Xaviers School, Zila School, Reformatory School, Teachers Training College as well as Tourists Centre, Circuit house, residential buildings of the District Officers, like the Suptd. of Police, Civil Surgeon, Executive Engineer, District Judge and various other highly palced public officers and leading citizens, Advocates, Doctors etc. It is further stated that the Civil Court, Collectorate, Police Office and the office of the Damodar Valley Corporation are situate within the distance of a few hundred yards from the land in question.