STATE OF BIHAR Vs. ANIL BARAN GHOSH

JUDGEMENT

(1.) THIS appeal under Sec. 54 of the Land Acquisition Act, arises out of judgment dated 12.3,93 and award dated 23.3.93 passed by Sub -Judge Ist -cum -Land Acquisition Judge, Seraikella allowing the reference and enhancing the quantum of compensation.

(2.) IT appears that pursuant to the Notification published in the Zila Gazette dated I.I.I 987 under Sec. 4 of the Land Acquisition Act, lands of the applicant including residential house and other buildings situated in Mauja Dayapur, P.S. Nimdih were acquired for construction of Dam under the Subarnarekha Multi Purpose Project and after issuance of declaration compensation was assessed and award was prepared. The claimant disputed the valuation of the lands including residential buildings etc. fixed by the Collector and sought reference to the dispute under Sec.18 of the Land Acquisition Act.

(3.) LEARNED counsel appearing for the respondent submitted that two DWs were examined on behalf of the appellant -defendant and some materials were brought on record, such as Ext. A. B and B/1 but from perusal of evidence of DWs 1 and 2 and on perusal of Exts, A, B and B/l, it appears llial only such thing has been done, which is not at all concerned with the assessment of valuation of the buildings etc. acquired for the purpose of Dam and those, who had actually measured the land, assessed the valuation and prepared the report, have not been examined in this case and as such, no documentary evidence has been brought on record on behalf of the appellant -defendant to controvert the valuation of the claim made by the claimant. It further appears that Court below after proper appreciation of the evidence appreciated the claim of the applicant and taking into consideration the valuation, fixed the valuation in respect of the buildings etc. and enhanced the compensation. There is nothing on record to disbelieve the findings recorded by the learned Court below with regard to valuation of the land, buildings etc.