STATE OF BIHAR Vs. HARADHAN CHOUDHARY

JUDGEMENT

(1.) Since these appeals arose out of the common Judgment passed by the Land Acquisition Judge, Dhanbad in bunch of reference cases the same are heard and disposed of by this common order.

(2.) It appears that some time in the year 1985 by virtue of notification issued under Section 4 of the Land Acquisition Act about 3/78/39 acres of land of different classification situated in Mouza Relgaria PS. Baliapur District Dhanbad was acquired by the State of Bihar for colliery purpose. After notification declaration was made under Section 6 of the Act on 12.6.1985. The delivery of possession of the land was taken by the concerned authority on 30/10/1987 and 31/10/1987. After the said acquisition, the award was prepared by the Collector and dissatisfied with the award claimants sought reference under Section 18 of the said Act. This is how all these reference cases came before the Land Acquisition Judge.

(3.) The Land Acquisition Judge (in short Court below) formulated two points for consideration : (i) Whether the compensation paid to the Applicants in all the above reference cases are not just and proper as per prevailing market rate of the sale of land and if so what will be the proper quantum of valuation. (ii) Whether the classification of the acquired land done by the Land Acquisition Department are proper or it should be bahal and homestead land as claimed by the applicants.