GOLAK MODAK Vs. MIHIR KUMAR CHAKRABORTY

JUDGEMENT

(1.) THIS appeal at the instance of the appellant is directed against the impugned judgment and decree dated 17.06.1991 and 27.06.1991 respec - tively passed in Land Acquisition Reference Case No. 52 of 1989 by Shri Banke Bihari Rai, Land Acquisition Judge, Dhanbad whereby and whereunder the reference under Section 30 of the Land Acquisition Act (hereinafter referred to as the said Act) made by the Land Acquisition Authorities, Dhanbad for deciding the right, title and interest of the applicants -respondent in respect of the acquired land for getting compensation was allowed.

(2.) THE State of Bihar (now Jharkhand) had acquired plot No. 581 of Khata No. 95 having an area of 74 decimals and plot Nos. 585 and 587 of Khata No. 2 having an area of 55 decimals and 11 decimals respectively, i.e. 1.40 acres of land situate in village Alkadiha P.S. Jharia, District Dhanbad for BCCL vide Land Acquisition Case No. 8 of 1979 -80/16 of 1981 -82 and award No. 65 in respect thereof was prepared in the name of opposite party appellant and the amount of compensation as determined by the Land Acquisition Authorities was paid to the opposite party appellant. A petition under Section 30 of the said Act was filed on 23.06.1989 by the applicants - respondent before the Land Acquisition Authorities in Land Acquisition Case No. 8 of 1979 -80/16 of 1981 -82 claiming themselves as rightful owner of plot Nos. 585 and 587 aforesaid entitled to get the compensation amount in respect -thereof as per the award aforesaid and for a direction to the opposite party appellant to refund the compensation amount so received in respect thereof to the applicants -respondent.

(3.) THE case of the applicants respondent is that they are the owner of plot Nos.585 and 587 of Khata No. 2 having right, title and interest and possession therein and the award No. 65 was wrongly prepared in the name of the opposite party appellant in respect thereof. It is alleged that they have acquired the aforesaid two plots by virtue of the registered sale deed dated 09.03.1960 and they have acquired valid right, title and interest therein and they were in possession thereof till the date of their acquisition and they also stand mutated in respect thereof and had paid rent to the State and rent receipts - have been granted to them and award has not been prepared in their favour by the Land Acquisition Authorities in respect thereof and no notice under the provision of the said Act was also ever been served upon them. It is alleged that opposite party appellant has no right, title or interest in the aforesaid two plots and they were never in possession over the same till their acquisition and the award has been wrongly prepared in the name of the opposite party appellant. It is also alleged that the opposite party appellant was not entitled to receive the compensation of the said land and in this view of the matter he may be directed to refund the said amount of compensation to the applicants respondent.