SUKHRAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant has been preferred against the impugned judgment and award dated 10.7.1989 and 25.7.1989 respectively passed in Land Acquisition Reference Case No. 89 of 1986 by Shri Prabhu Nath Lall, Land Acquisition Judge, Dhanbad where by and whereunder the said reference case was allowed in part.

(2.) THE State of Bihar (now Jharkhand) had acquired 74.57 acres of land of village Jharna P.S. Jharia, District Dhanbad for B.C.C.L. for the construction of magazine vide notification dated 30.7.1983 under Section 4 of the LA Act (hereinafter referred to as the said Act) and the declaration under Section 6 of the said Act was also made on 30.7.1983 and the notification under Section 4 and the declaration under Section 6 of the said Act were published in the District Gazette on 16.8.1983 and notice under Section 9 was issued to the appellant Sukhram Singh along with Rajaram Singh, Joyram Singh and Sheo Kumar Singh in respect of 12.81 acres of land out of the acquired land showing the area and the nature of the land therein and all the persons aforesaid are the co -owners being the sons of their mother Tulsi Devi, Rajaram Singh died during the pendency of the acquisition proceeding. Jairam Singh and Sheo Kumar Singh are respondent Nos. 2 and 3 in this appeal whereas respondent Nos. 4 to 9 are the sons of Rajaram Singh deceased. Award No. 33 in respect of 11.12 acres of land, award No. 34 in respect of 62 decimals of land and award No. 58 in respect of 98 decimals of land total being 12.72 acres of land were prepared in the name of the appellant along with Rajaram Singh, Sheo Kumar Singh and Joyram and the compensation in respect thereof was received by them under protest on 11.10.1985 in L. A. Case No. 30 of 1983 -84 in respect of the said acquisition. The compensation was assessed @Rs. 28,560/ - Rs. 17,860/ - Rs. 9,320/ -, Rs. 14,228, Rs. 4,760/ -, Rs. 17,860/ -, Rs. 2,500/ - and Rs. 2000/ - in respect of Bahal land, Kanali land, Vaid land, Gora I, Gora II Bandh land, Gora III and parti land respectively as per rate report (Ext. A) prepared by the Land Acquisition Authority. Delivery of possession of the land under acquisition was taken on 21.12.1985.

(3.) THE case of the appellant is that the compensation of the acquired land is inadequate and much below the prevailing market price and the prevailing market price of the land under acquisition on the date of notification was @ Rs. 90,000/ - Rs. 45,000/ - and Rs. 40,000/ - per acre regarding Bahal land, Bastubari land and Ail land and the nature of the land has been wrongly spelt in the award. It is alleged that 10.66,0.51 and 0.04 acres of land are Bahal land, Bastubari land and Ail land under award No. 33. It is alleged that 11 decimals of land and 51 decimals of land under award No. 34 are Bahal and Bastubari land respectively and the prevailing market price on the day of the notification under Section 4 of the said Act was Rs. 90,000/ - per acre and Rs. 45,000/ - per acre in respect of Bahal land and Bastubari land. It is also alleged that land under acquisition of award No. 58 is Bahal land, the prevailing market price of which is Rs. 90,000/ - per acre. It is also alleged that there was a house consisting of three rooms and a pucca well and along with 11 trees of Mahua on the land under acquisition as per award No. 33 for which no compensation has been awarded.