AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This First Appeal has been filed under Sec. 54 of the Land Acquisition Act, 1894 against the judgment dtd. 24/8/2006 and the award dtd. 21/9/2006 passed by learned Subordinate Judge-II, Daltonganj, Palamau in Land Acquisition Case No. 14 of 1989 whereby and whereunder the claimants/appellants are aggrieved by the quantum of compensation awarded against the acquired land. The original appellant /claimant namely, Pramina Devi has been substituted in this First Appeal by her legal heirs, the present appellants.

(2.) Admittedly the property involved in this case was acquired by a notification dtd. 1/10/1980 issued under Sec. 4 of Land Acquisition Act, 1894. The matter regarding compensation for the acquired land was referred to the learned court below under Sec. 18 of the Land Acquisition Act, 1894 vide order dtd. 5/1/1989 and accordingly, Land Acquisition Case No. 14/1989 was instituted.

(3.) Earlier Vide judgement dtd. 28/3/2019, this court had set aside the impugned judgment and award to the extent that the compensation to be assessed and paid on the basis of Sale Deed dtd. 12/2/1979 (Exhibit-2/a) and not on the basis of Sale Deed dtd. 29/12/1976 (Exhibit-2/c) as directed by the impugned judgement. This Court had also held that the claimant would be entitled to payment of solatium, additional compensation as well as interest under the Act and had directed the office to prepare decree accordingly.