KAMESHWAR PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, by the sole appellant, is directed against the judgment dated 11 -7 -1986 and decree dated 30 -7 -1986 passed in LAR Case No. 4 of 1982 by Stiri Sankatha Prasad, Special Land Acquisition Judge -cum -Sub -Judge, Siwan.

(2.) It appears that the State of Bihar acquired 16 decimals of land equivalent to 4 Kathas 6 dhurs in Plot No. 1233 under Khata No. 78 situated at village Mnrklioo under P.S. Hussainganj for Ganduk Project for a sum of Rs. 1079 84 which was awarded as compensation as per the award prepared under Section 12 of the Land Acquisition Act, 1894 (in short the 'Act'). This award was made in favor of the present appellant who happened to be the owner of the land acquired. The appellant filed an objection against this award on the ground that the amount of compensation awarded to him was very low and inadequate. It was his submission that the laud under acquisition was a very fertile piece of land which got irrigational facilities and which produced three crops in one year. He claimed that the valuation of the acquired land was Rs. 3,000/ - per katha at rate prevailing for the neighboring land. The appellant did not accept the award and prayed that the matter may be referred to the Special Land Acquisition Judge under Section 18 of the Act. It appears that after filing this objection the appellant informed the court that he had received the amount of compensation under protest. He, however, alleged that about 6 Kathas of land of Plot No. 1233 out of the remaining portion of this plot was also cut and damaged for embankment of canal and was rendered useless. For this land he claimed compensation at the rate of Rs. 3,000/ - per Katha.

(3.) The State of Bihar contested these claims of the appellant. It was submitted that the amount of compensation was assessed on the basis of the sale deeds for the adjoining land in the village during the period from 1 -3 -1978 to 1 -3 -1979. It was further submitted that the valuation so fixed was neither illegal nor low nor inadequate. Only two crops are grown over the land.