SACHIDA NAND LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This L.P.A is preferred against the judgment and order dated 10.9.2004 passed in F.A No.118/1994R, by which learned Single Judge dismissed the appeal, declining to enhance the compensation awarded to the appellant.

(2.) By notification no.327 II dated 5.7.1982, under Section 4 of the Bihar Land Acquisition Act, lands of the appellant, Tand II, Plot No.1661, Khata No.81, Lohardaga, along with the lands of others were acquired by the State of Bihar for construction of industrial estate. Notification no.327 II dated 5.7.1982 was published in the Gazette on 16.7.1982. Declaration No.426 II dated 16.11.1984 was published on 1.2.1985 and the award was passed on 4.11.1987. Possession was taken on 7.4.1989. Based on Ext.B issued by the Divisional Commissioner, compensation was awarded to the appellant at the rate of Rs.9630/- per acre for .28 acres of land acquired from the appellant.

(3.) On the objection raised by the appellant and other landowners Section 18 reference was made. The appellant raised objections, viz., (i) the land was situated within Lohardaga Municipal area and fit for construction of commercial and residential buildings; (ii) the land was situated by the side of Ranchi Gumla Main Road, besides being by the side of the land acquired for agriculture market area and (iii) the land was situated within the circle of Lohardaga district where the value of the municipal area land had gone high and therefore, potential of the land had increased. On those objections, the appellant took the plea that the compensation awarded by the Collector is inadequate and unjust.