SHAMSUDDIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award passed by Subordinate Judge, Palamau (hereinafter referred to as the Land Acquisition Judge) in LA No. 68 of 1985, whereby he has partly enhanced the compensation amount in a Reference case under Section 18 of the Land Acquisition Act.

(2.) THE facts of the case are not in dispute. The land measuring 2.74 acres of village Bishunpur besides other lands was acquired by the State for construction of residential house and inspection bungalow of Damare Jalashai Yojana at village Bishunpur and award was prepared by the Land Acquisition Officer. The appellant made prayer for reference under Section 18 of the said Act and the matter was heard by Land Acquisition Judge. The case of the appellant is that the land of the same plot was acquired and compensation was paid in Compensation Case No. 1 of 1977 -78 at the rate of Rs. 21,333/ - to Rs. 26,667/ -. The appellants adduced evidence before the Land Acquisition Judge in respect of their claim that the market rate of the land in question can not be less than Rs. 6000/ -per katha. The appellants also led evidence that the land situates besides PWD Road and the hospital, electricity office, Minor Irrigation Department and Garhwa Civil Court are nearer to the land. The Land Acquisition Judge came to the conclusion that in absence of the positive evidence to show that the rate fixed in Land Acquisition Case No. 1/77 -78 was proved and accepted, the same cannot be acted upon. The Land Acquisition Officer can be the basis for the purpose of ascertaining the rate of compensation. The Land Acquisition Judge therefore enhanced the compensation only to the extent of Rs. 8000/ - per acre.

(3.) MR . Debi Prasad, learned senior counsel for the appellant submitted that the compensation amount ought to have been enhanced at the rate of Rs. 8000/ - per katha which is equivalent to about Rs. 2500/ - per decimal approximately. In my opinion, since for the same portion of the same land in the same village, rate of land was fixed in between Rs. 21,333/ - and Rs. 26,667/ - per acre, the Land Acquisition Judge ought to have enhanced the amount of compensation to that extent. So far the amount of interest is concerned, I affirm the award of the learned Court below holding that the appellants are entitled to get 12% interest per annum. The appellants will also be entitled to get solatium in accordance with the amended provisions of the Land Acquisition Act as amended in 1984.