STATE OF BIHAR (THROUGH COLLECTOR) Vs. MADHULATA MODI

JUDGEMENT

(1.) THIS appeal was filed under section 54 of the Land Acquisition Act (hereinafter to be referred to as the Act) on behalf of the State of Bihar challenging the amount of compensation enhanced by impugned judgment and award on reference under section 18 of the Act.

(2.) A notification under section 4 of the Act for acquisition of land for construction of Hostel for Bihar Tribal Research institute at Ranchi was issued on 26.12.1962 and was published on 23.1.1963. In the said acquisition proceeding 1.57 Acres of land bearing Survey Plot No. 118 appertaining to Kl1ata No. 650 situated at Morhabadi within Lalpur Police Station of Ranchi district was also acquired. 3. The Collector under the Act assessed rate of compensation to be paid @ Rs. 182/ - per decimal (Rs. 303/ -per Katha). 4. Admittedly, the land in question stood recorded as Class -I Tanr -Chapparbandi in record of rights and contained Wells, Plants and Trees as also constructions including boundary wall over it. 5. For the purpose of assessment of compensation amount in respect of aforesaid wells, plants, trees and constructions, awardees got prepared a report by retired Engineer, Public Works Department, who was examined as C.W.3 ami his report was marked as Exhibit 1. According to the said report total valuation of the aforesaid wells, plants, trees and constructions was Rs. 18,000/ -. They also brought on record registered sale deed dated 18.3.1963 (Ext. 2) executed by Smt. Triveni Dev; in favour of Anjani Kumar Mansinghka, whereby 13.75 Kathas of land was sold for Rs. 28,000/ -. 6. On the other hand, on behalf of the State of Bihar, two awards dated 6.1.1976 passed in the proceedings under section 18 of the Act in L.A. Case Nos. 111 and 123 of 1965 (Exhibits A and A/1) were brought on record, whereby compensation @ Rs. 700/ - per katha was granted and no other evidence was produced. 7. Claim of awardees for payment of compensation @ Rs. 2,000/ - per katha was based on aforesaid Exhibit -2. In this regard C.W.4 an employee of the awardee also stated in his evidence that it was Chhaparbandi land and in the year 196162, the rate of suit land was Rs. 2,000/per katha. 8. A perusal of Exhibits A and A/1 reveal that class of land acquired in those proceedings were also no doubt class -1 but those were not Chhaparbandi, i.e. fit for residential purpose as like the land in question in the present case. 9. The court below, therefore, in my opinion, rightly found differences in the classification of the lands which were subject matter of earlier awards (Exhibits A and A/1) and the present land. Court below was also correct in reducing the amount of compensation to Rs. 1,500/ - per katha from @ Rs. 2,000/ - per katha as shown in Exhibit 2, because the sale deed was executed after notification under section 4 of the Act. While assessing the amount of compensation for wells, trees, and constructions court below reduced the amount of compensation as shown in Exhibit 1 at Rs. 18,302/ - to a lump -sum amount of Rs. 8,000/ - only. 10. In the aforesaid circumstance, I find no reason to interfere with the impugned judgment and award. This appeal is dismissed. having no merit, but without costs.