STATE OF BIHAR Vs. SALIM KHALIFA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.9.1994 and award dated 5.10.1994 passed in Land Acquisition Case No. 11/ 1993, whereby and whereunder the learned Subordinate Judge 1, cum Land Acquisition Judge, Palamau at Daltongaj allowed the reference and enhanced the compensation.

(2.) PURSUANT to the notification under Section 4 of the Land Acquisition Act published in the District Gazette. 0.78 acre of land, fully described in the foot of the plaint, has been acquired by the State of Bihar, which was owned and possessed by the applicant and due to acquisition the applicant has been dispossessed. The land has been acquired for construction of Malay Water Scheme. After acquisition, the Land Acquisition Officer assessed the valuation and decided the compensation to be paid to the applicant a Rs. 23,758.05 which the applicant claimed that it is inadequate and amount of compensation is very low. The land of the applicant has been acquired by the State of Bihar for construction of Malay Water Scheme. The applicant filed objection for determination of the award with regard to classification of lands and also the rate at which the amount of compensation was worked out.

(3.) LEARNED counsel appearing for the appellant submitted that amount of land as he has been assessed by the Land Acquisition Judge is very excessive and further that other benefits have also not been given according to law.