SACHIDA NAND LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals were heard together as they arise out of the common judgment and are being disposed of by this common judgment.

(2.) The case of the appellants in brief as alleged that the acquisition of the land of the claimants situated at village and P.S. Lohar- dagga was made for construction of Agriculture Market Yard by virtue of Notification No. D.LAKr.VI-14/78-363 RA (Ext.4) under Section 4(2) and it was published in the Official Gazette on 16-2-1978. The awards were prepared in the name of several claimants. The extracts of the award indicate that it was prepared in two names payable to Kishun Sao, son of Ramu Sao for Rs. 5,666.82 pand the amount payable to Bhairo Sao, son of Bhawani Sao for Rs. 2,000/-oniy. It is further claimed that the value assessed by the Court below is very low and he has not considered the sale- deeds already adduced on behalf of the appellants as well as the lands are situated within the area of township.There is also facility of electricity, water, children's school. hospital and the market and the value assessed by the learned Court below which is without any basis which is fit to be set aside and the market price of the land acquired would come to Rs. 66,000/- per acre, whereas the price of the land acquired has been fixed arbitrarily at much lower rate of Rs. 48,000/- per acre. It is also claimed that the appellants are entitled to interest at the rate of Rs. 12% per annum and so the judgment of the lower Court is fit to be set aside and the price of the land acquired should be increased at the higher rate.

(3.) On being aggrieved by the impugned judgment the appellants preferred this appeal claiming that the value of the land in question should be at the rate of Rs. 1.000/Aper decimal, besides. 12% interest per annum increase in the market value.