STATE OF BIHAR Vs. MITHU KEWAT

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and Award passed by the Land Acquisition Judge, Bokaro at Chas whereby he has disposed of 30 reference cases filed under Section 18 of the Land Acquisition Act for enhancement of compensation.

(2.) IT appears that notification for acquisition of 92.67 acres of land in Mouza Dugda and Sursera village within Dugda PS was issued on 16.6.1981 and subsequently awards were made under different awards and communicated to the claimants. The claimants received awarded compensation under protest and preferred application under Section 19 of the said Act for enhancement of compensation. The case of the claimants is that the land acquired for the Dugda Coal Washery are not properly classified and no compensation according to market value of the land has been paid to them. According to the claimants, acquired lands are paddy lands and are fit to be used for residential, industrial and other commercial purposes. There are several residential houses of colony of M/s B.C.C. Ltd. and Dugda Coal Washery. Further case of the claimants was that the lands are connected with pucca road and the electricity is also available by the side of the lands. Schools, colleges, hospital and other organizations are situated very near to the acquired lands. The claimants therefore claimed compensation at the rate of Rs. 3,000/ - to Rs. 4,000/ - per decimal.

(3.) THE claimants proved two sale deeds dated 11.10.1980 (Exts. 1 and 1/A) in support of their case that two decimals of land alongwith house was sold at Rs. 6,000/ -. The claimants also adduced oral evidence by examining five witnesses in order to show that the acquired lands are 1st class bahal lands and it has got potential to produce crops. The appellant/State filed carbon copy of rate report dated 30.1.1985 (Ext. C), sale chart of village Bur -sera (Ext. D) and the sale chart of village Dugda (Ext. D/1). The appellants also examined one witness namely, Ramji Mishra, Kanungo of the District Land Acquisition Officer, Chas, Bokaro.