STATE OF BIHAR Vs. KADEY MAJHI

JUDGEMENT

(1.) This appeal has arisen against the judgment and award passed by Subordinate Judge-I, Saraikella in L.A. Reference Case No. 12(5) of 1984 by which the learned Sub-Judge fixed the value of the tank in question at the rate of Rs. 20,000/- per bigha, besides the interest by the judgment dated 17.12.1988.

(2.) The short facts as alleged by the applicants/respondents are that an area of 5 acres 57 decimals of land of Khata No. 69, Mouza Jumal, P.S.Govindpur was acquired by the Land Acquisition Officer in connection with Icha Right Main Canal. After due notification and service of notice, the award was prepared on 26.3.1984. The petitioners also received the amount on 12.5.1984 on protest and an application for reference was also filed claiming therein that the lands acquired have been grossly undervalued and the market value of the land in question should have been more than Rs. 50,000/- per acre as regards Don-1 land and Rs. 40,000/- per acre for Don-!I land. Likewise, Don-III land should be valued at Rs. 35,000/- per acre and Rs. 1 lac per acre for the tank as well as Rs. 60/- per cubic feet for the trees standing on the lands acquired. It is claimed that there is one mango tree, one Arjun tree, 20 Babul trees and 18 Black Bair trees. It is also pleaded that the claimants/respondents have sustained considerable damage due to acquisition of the land and for which an award of Rs. 50,000/- should also be assessed. It is also pleaded that the tank of the petitioners was acquired from the middle portion and, therefore, the remaining portion became useless" and for which compensation should have been made for Rs. 50.000/- and the Land Acquisition Officer, has assessed the value very less and, as such, the petitioners are entitled for enhanced compensation.

(3.) Both the parties adduced oral as well as documentary evidence in the lower Court and after considering the evidence on record, the learned Court below passed the impugned judgment.